Barlow v Law Society of the Act

The appeal concerned the refusal by the Law Society of the ACT to issue an unrestricted practising certificate to the appellant. The appeal was brought before the Court of Appeal of the Supreme Court of the ACT.

The primary legal issue before the Court of Appeal was whether the appeal against the Law Society's decision was competent. Specifically, the Court had to determine whether leave to appeal was required for an appeal against an interlocutory order of the nature made by the Law Society, and if so, whether such leave had been granted.

The Court reasoned that an appeal to the Court of Appeal from an interlocutory order generally requires the leave of the Court of Appeal. As the appellant had not sought or obtained leave to appeal, the appeal was deemed incompetent. The Court applied the general principles governing appeals to the Court of Appeal, which mandate that appeals from interlocutory decisions are not of right but are subject to the requirement of obtaining leave.

Consequently, the Court ordered that the appeal be dismissed as incompetent and that the appellant pay the respondents’ costs of the appeal.