On 9 November 2001 the Bar Council of the New South Wales Bar Association resolved, pursuant to sec 38FC of the Legal Profession Act 1987, to cancel the practising certificate of Trevor Newton Small.

Trevor Newton Small appealed, pursuant to sec 38B of the Legal Profession Act 1987, against the cancellation. On 21 November 2001 the Supreme Court of New South Wales ordered that the cancellation was effective but granted a stay of the cancellation up to and including 14 December 2001.

On 18 April 2002, Trevor Newton Small applied to the Bar Council for the issue of a practising certificate for the year ended 30 June 2002. On 9 May 2002 the Bar Council resolved that, having regard to the changed factual circumstances since its original decision of 1 November 2001 to cancel his practising certificate and the conditions agreed to by Trevor Newton Small, it would issue a practising certificate to Trevor Newton Small from 27 May 2002.