Barlow v Law Society of the Act (No 2)

In this case, Mrs. Barlow, the appellant, sought to appeal against the decision of the Full Court of the Supreme Court which dismissed her application for a declaration of inconsistency between certain provisions of the Legal Profession Uniform Law (ACT) and the Australian Constitution. The respondents to the appeal were the Law Society of the Australian Capital Territory, the Law Society of New South Wales, and the Law Council of Australia. The matter was heard in the High Court of Australia.

The central legal issue before the Court was whether the appeal should be struck out on the basis of an alleged abuse of process. The Court had to determine whether the appeal was frivolous or vexatious, and whether it was an abuse of the Court's process for the appellant to continue with the appeal. The Court also had to consider whether the appeal had any reasonable prospect of success.

The Court held that the appeal was an abuse of process and was bound to fail. The appeal was struck out pursuant to section 59 of the High Court of Australia Act 1979 (Cth), and the notice of appeal was also struck out. The Court found that the appeal was frivolous, vexatious, and an abuse of the Court's process, and that there was no reasonable prospect of success. The Court further held that the appellant should pay the respondents' costs of the strike-out application on a party/party basis, as agreed or assessed.