Bowers v The Law Society of New South Wales (No 7)

The case involved a summons brought by Bowers against the Law Society of New South Wales, which sought a mandatory injunction for the inspection of personal information and the issuance of a sole practitioner practising certificate. The plaintiff sought an order that the Law Society and the College of Law allow inspection of his personal information and the issuance of a practising certificate. The dispute came before the Federal Circuit Court of Australia.

The court had to determine whether the Law Society was bound by the Privacy Act 1988 (Cth) and if it was obliged to produce the requested documents. Additionally, the court considered whether the Law Society, the Council, and its staff could be compelled to answer a subpoena or notice to produce under sections 467 and 468 of the Legal Profession Uniform Law (NSW). Finally, the court examined whether the plaintiff was entitled to an injunction under section 80W of the Privacy Act or under the general law, absent a breach of the Law Society's obligations under the Privacy Act.

The court held that the Law Society was indeed bound by the Privacy Act and had to produce the requested documents. However, under sections 467 and 468 of the Legal Profession Uniform Law (NSW), the Law Society, the Council, and its staff could not be compelled to answer a subpoena or notice to produce. The court also found that the plaintiff was not entitled to an injunction under section 80W of the Privacy Act or under the general law, as there had been no breach of the Law Society's obligations under the Privacy Act. Furthermore, the court concluded that its inherent power did not extend to the issue or variation of practising certificates. Consequently, the plaintiff's summons was dismissed.

The court dismissed the summons brought by the plaintiff and found in favour of the Law Society of New South Wales.