Ezekiel-Hart v Reis

Ezekiel-Hart, a practising lawyer, filed an application for judicial review of a decision by the Legal Services Commissioner (Commissioner) not to grant him a practising certificate. Hart claimed that the Commissioner's decision was influenced by his race and political beliefs, in violation of the Anti-Discrimination Act 1977 (NSW). The case was heard by the Supreme Court of New South Wales.

The primary legal issue before the court was whether the Commissioner's decision not to approve Hart's application for a practising certificate was due to his race and political beliefs. Additionally, the court had to determine if the Commissioner's conduct amounted to victimisation and vilification under the Anti-Discrimination Act. Another consideration was whether the Briginshaw standard of proof applied to the case, and if so, whether Hart had met that standard.

The court found that there was no evidence of discrimination based on race or political beliefs in the Commissioner's decision. It was determined that the Briginshaw principle did not apply, and the court found that Hart had not met the standard of proof required. Furthermore, the court ruled that there was no victimisation or vilification under the Anti-Discrimination Act. Consequently, the application for judicial review was dismissed.

The court ordered that the application for judicial review be dismissed. No further orders were made.