Published 26 September 2012
Auckland criminal barrister Barry Hart’s appeal against being struck off the register has been set down for hearing on Monday 10 December.
Mr Hart was ordered struck from the roll of barristers & solicitors on 14 September after a hearing by the NZ Lawyers & Conveyancers Tribunal. He was back in court yesterday seeking a stay of the tribunal’s decision so he could handle cases he’s already scheduled to appear in up to the date of the appeal, including a 3-week High Court trial and some Court of Appeal appearances.
High Court judge Graham Lang made short work today of one application by Mr Hart’s counsel, Jeremy Bioletti, for an extension of time for filing the appeal, which apparently hadn’t made it to the right desk in the courthouse on time. Justice Lang said the court rules provided for an extension and dispensed with argument.
The judge then heard submissions from Mr Bioletti and counsel for the NZ Law Society’s Auckland standards committee, Jan McCartney SC, on whether Mr Hart should be allowed to practice, before reserving his decision, which he expected to release by tomorrow.
Mr Bioletti said the court had a discretion on whether to suspend. He said the issues before the disciplinary tribunal related to his fees – there was no allegation that Mr Hart wasn’t a competent trial counsel.
Mr Hart said in an affidavit: “This would end my career & livelihood.” Justice Lang found that a very bald statement which lacked evidence that being out of work for 2 months would result in his bankruptcy or mean his practice couldn’t be resurrected if he won the appeal.
16 September 2012: Barry Hart, still showing no contrition, struck off roll of lawyers
U: The names behind the action, the week to 10 June 2012, part 2, Barrister Barry Hart vacates application to recall BJ Hart liquidation order
U: The names behind the action, the week to 10 June 2012, part 1, Barrister Barry Hart’s BJ Hart wound up, but recall of order sought
1 June 2012: Hart’s Jervois Rd chambers sold
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Attribution: Court hearing, story written by Bob Dey for the Bob Dey Property Report.