Pursuant to a protocol with the Supreme Court of New South Wales, on 24 January 2004 the Bar Council referred to the Prothonotary of the Supreme Court of New South Wales information regarding Nicholas Luke McCaffery practising as a barrister whilst not holding a current practising certificate as a barrister.
On 17 December 2004, in proceedings brought by the Prothonotary of the Supreme Court of New South Wales against Nicholas Luke McCaffery, the New South Wales Court of Appeal, declared Nicholas Luke McCaffery guilty of professional misconduct in that:
- on 29 occasions between 8 August 2002 and 11 December 2003 he practised as a barrister whilst not holding a current practising certificate as a barrister in contravention of s25(1) of the Legal Profession Act 1987, and
- held himself out to be a barrister whilst not holding a current practising certificate as a barrister in contravention of s25(4) of the Legal Profession Act 1987, and
The Court of Appeal ordered that the name of Nicholas Luke McCaffery be removed from the Roll of Legal Practitioners of the Supreme Court of New South Wales.
On 16 June 2005, in proceedings brought by the Prothonotary of the Supreme Court of New South Wales, the Supreme Court convicted Nicholas Luke McCaffery of 29 counts of contempt constituted by 29 appearances by him in various courts as a barrister while he did not hold a current practising certificate.
On 3 November 2005, the Supreme Court sentenced Nicholas Luke McCaffrey:
- on each of charges 1 to 4, to 9 months imprisonment with a non-parole period of 6 months,
- on each of charges 5 to 12 to 10 months imprisonment with a non-parole period of 5 months, and
- on each of charges 13 to 29to 12 months imprisonment with a non-parole period of 6 months.
The Supreme Court suspended the sentences of imprisonment subject to Nicholas Luke McCaffery entering bonds under s12 of the Crimes (Sentencing Procedure) Act 1999 to be of good behaviour and to appear before the Court at any time if called upon to do so.