Griffin v Council of the Law Society of NSW

The applicant, Mr. Griffin, sought judicial review of a decision by the Council of the Law Society of New South Wales (the Council) to refuse his application for a practising certificate. Mr. Griffin had previously been struck off the roll of legal practitioners in 2009 following findings of professional misconduct. He reapplied for a practising certificate in 2022, which was refused by the Council.

The primary legal issue before Bell J was whether the Council had erred in law in refusing Mr. Griffin's application for a practising certificate. This required the Court to consider the relevant provisions of the *Legal Profession Uniform Law (NSW)* (the Uniform Law) and the Council's obligations and discretions when assessing an application for a practising certificate by a person previously removed from the roll. Specifically, the Court had to determine if the Council had properly considered Mr. Griffin's evidence of rehabilitation and remorse, and whether its decision was reasonable and proportionate.

Bell J found that the Council had failed to give sufficient weight to the evidence of Mr. Griffin's rehabilitation and remorse, which had been presented over a significant period. The Court held that while the Council was entitled to consider Mr. Griffin's past misconduct, its decision to refuse the application was based on an overly rigid application of its policy and failed to adequately assess the applicant's present fitness to practise. The Court emphasised that the Uniform Law requires a holistic assessment of an applicant's circumstances, including their efforts towards rehabilitation.

The Court ordered that the Council's decision be set aside and remitted the matter back to the Council for reconsideration in accordance with the Court's judgment.