On 15 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 Barry James Murphy, effective from midnight on Friday, 23 November 2001. Barry James Murphy appealed against the cancellation. The appeal was heard before Justice McClellan and was upheld.

The Bar Association appealed Justice McClellan's decision.

On 28 June 2002, the Court of Appeal dismissed the Association's appeal against McCLellan J's decision upholding Mr Murphy's appeal to the Supreme Court of NSW under sec 38B of the Legal Profession Act 1987.

Barry James Murphy's practising certificate was reissued on 21 December 2001.