Finocchiaro v Law Society of NSW

The applicants, Mr and Mrs Finocchiaro, sought judicial review of a decision by the Law Society of New South Wales to refuse their claim for compensation from the Fidelity Fund. The applicants alleged that their former solicitor had misappropriated their funds. The case was heard in the Supreme Court of New South Wales.

The court was required to determine whether the decision by the Law Society was unreasonable in the Wednesbury sense, and whether the applicants were denied natural justice. The primary issues were whether the Law Society's assessment of the evidence was flawed, and whether the applicants were given a fair opportunity to respond to the evidence against them.

The court found that the Law Society's decision was not unreasonable, as it was based on a thorough assessment of the evidence. The court also found that the applicants were not denied natural justice, as they were given an adequate opportunity to respond to the evidence against them. The applicants had been provided with a detailed report outlining the Law Society's findings, and they were given an opportunity to make submissions in response. The court held that the Law Society's decision was within its statutory powers, and that the applicants' claim for compensation was properly refused.

The application for judicial review was dismissed, with the applicants to pay the Law Society's costs.