Ezekiel-Hart v The Law Society of the Australian Capital Territory

In *Ezekiel-Hart v The Law Society of the Australian Capital Territory*, the applicant, Mr Ezekiel-Hart, sought judicial review of a decision made by the respondent, The Law Society of the Australian Capital Territory, to refuse his application for a practising certificate. The matter came before Judge Neville in the Supreme Court of the Australian Capital Territory.

The central legal issues before the Court were whether the Law Society had acted unlawfully in refusing the practising certificate, and if so, whether the Court should grant relief. Specifically, the Court was required to consider the proper interpretation and application of the relevant provisions of the *Legal Profession Act 2006* (ACT) concerning the eligibility for and refusal of practising certificates, and whether the Law Society had afforded Mr Ezekiel-Hart procedural fairness in its decision-making process.

Judge Neville found that the Law Society had failed to provide Mr Ezekiel-Hart with adequate notice of the specific grounds upon which it intended to refuse his application and had not afforded him a sufficient opportunity to respond to those grounds. The Court held that this failure constituted a breach of the rules of procedural fairness. Consequently, the Court quashed the Law Society's decision to refuse the practising certificate and remitted the matter back to the Law Society for reconsideration according to law.