Gersten v Law Society of NSW

The case of *Gersten v Law Society of NSW* concerned an appeal to the High Court of Australia by Mr Gersten against a decision of the Supreme Court of New South Wales. The dispute arose from the Law Society of New South Wales's refusal to grant Mr Gersten a practising certificate. Mr Gersten had previously been struck off the roll of legal practitioners in New South Wales and subsequently sought to be readmitted to practice.

The central legal issue before the High Court was whether the Law Society had erred in refusing to grant Mr Gersten a practising certificate. This required the Court to consider the principles governing the readmission of legal practitioners who have been previously struck off the roll, particularly in light of the applicant's past conduct and the need to maintain public confidence in the legal profession.

Callinan and Heydon JJ, in their joint judgment, affirmed the principles that an applicant seeking readmission must demonstrate not only that they are a fit and proper person to practice law but also that they have made genuine efforts to atone for their past misconduct. The Court emphasised that the onus is on the applicant to satisfy the relevant authority of their rehabilitation and fitness. They found that Mr Gersten had not discharged this onus, noting that his explanations for his past conduct lacked sincerity and that he had not demonstrated sufficient remorse or understanding of the gravity of his prior transgressions.

Consequently, the High Court dismissed Mr Gersten's appeal, upholding the Law Society's decision to refuse the practising certificate.