Coshott v The Council of the Law Society of New South Wales

The Council of the Law Society of New South Wales (the Council) appealed to the Court of Appeal of New South Wales against a decision of the Administrative Decisions Tribunal (the Tribunal) which had set aside the Council's resolution to refuse to grant a practising certificate to Mr Coshott. The dispute concerned Mr Coshott's application for a practising certificate for the year 1996-1997, which the Council had refused on the grounds that he was not a "fit and proper person" to hold such a certificate, citing his past conduct.

The primary legal issue before the Court of Appeal was whether the Tribunal had erred in law by setting aside the Council's resolution. This involved determining whether the Council had acted reasonably and lawfully in refusing the practising certificate, and whether the Tribunal had correctly applied the principles of administrative law in reviewing the Council's decision. Specifically, the Court considered the scope of the Council's discretion and the standard of review applicable to its decisions concerning the fitness and propriety of an applicant.

The Court of Appeal found that the Tribunal had erred in its assessment of the Council's decision. It held that the Council was entitled to consider Mr Coshott's past conduct when assessing his fitness and propriety to hold a practising certificate, and that its refusal was based on relevant considerations. The Court emphasised that the Council's duty was to protect the public interest and maintain the reputation of the legal profession, and that this duty required a careful evaluation of an applicant's character and past behaviour. The Tribunal had, in the Court's view, substituted its own view for that of the Council without demonstrating that the Council's decision was unreasonable or based on irrelevant considerations.

The Court of Appeal allowed the appeal, set aside the decision of the Administrative Decisions Tribunal, and reinstated the Council's resolution to refuse Mr Coshott's application for a practising certificate.