Retired Judge Barry White is seeking a resume work as a barrister despite an 84 year old Supreme Court decision that prevents judges returning to practice before a court equal to or less than the court in which they served as a judge. On this basis, Judge White would only be permitted to practice in the Supreme Court or the newly formed Court of Appeal, and would be additionally barred from acting as a member of the Law Library in trials.
Despite this ruling, Judge White has applied to the Bar Council for a waiver. If unsuccessful, Judge White is still willing to operate as a barrister outside the Law Library, an option taken by a relatively small number of barristers when compared to some 2,500 barristers operating as members of the Bar Council. According to some commentators such a move could have constitutional implications for the judiciary.
Despite the ambiguity surrounding Judge White’s return to practice, the Bar Council has said they are considering his application. That being said, the ban is unlikely to be relaxed as it is ultimately perceived to provide protection to the public and those that find themselves before the courts in both civil and criminal matters.
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