On 1 November 2001, the Bar Council of the New South Wales Bar Association resolved, pursuant to sec 38FE of the Legal Profession Act 1987, to cancel the practising certificate of Wayne Baffsky, effective from midnight on Friday, 9 November 2001 to enable the proper arrangements of the barrister's affairs.

On 15 July 2002 Wayne Baffsky applied to the Bar Council of the New South Wales Bar Association for the issue of a practising certificate for the year ended 30 June 2003. On 18 July 2002, the Bar Council resolved that, having regard to the changed factual circumstances since its original decision of 1 November 2001 to cancel Wayne Baffsky's practising certificate, and the conditions agreed to by Wayne Baffsky, it would issue a practising certificate effective from 22 July 2002.