Federation of Australian Accountants Inc & Anor v Australian Society of Accountants

The High Court of Australia heard an application for special leave to appeal concerning a dispute between the Federation of Australian Accountants (and Keith Lawrence Draper) and the Australian Society of Accountants. The core of the disagreement stemmed from an advertisement placed by the Federation of Australian Accountants inviting qualified accountants to join their organisation and undergo examinations to achieve CPA status, with the right to use the Federation's logos for advertising. The Australian Society of Accountants objected to this advertisement and had previously applied for interlocutory relief in the Federal Court.

The legal issues before the High Court revolved around whether the case was of public importance, as required by s 35A of the Judiciary Act, and whether it raised any question of principle beyond the construction of the specific advertisement. The applicants argued that the case had significant public importance due to the substantial expense and effort the Federation had undertaken to establish the status of its Certified Practising Accountant qualification, and the broad reach of the Federation as a large professional organisation.

The Court was asked to consider why special leave should be granted, with the Chief Justice noting that the matter appeared to turn on the interpretation of the advertisement and its likely impact on the public. The applicants contended that the case's importance was underscored by the Federal Court's findings regarding the Federation's significant investment in establishing its qualifications and its widespread membership across Australia.