Haralovic & Carr v Law Society of NSW (No 2)

The applicants, Haralovic and Carr, sought judicial review of a decision by the respondent, the Law Society of New South Wales, which declined to approve the applicants as lay associates. The matter was heard in the Supreme Court of New South Wales. The applicants challenged the decision on the basis that it was made without proper consideration of relevant material and that it was unreasonable. They sought an order for the approval of their applications to become lay associates.

The court considered whether the decision was lawful, rational, and procedurally fair. The central issue was whether the society had a proper basis for refusing to approve the applicants as lay associates. The applicants argued that the decision was unreasonable and that the society had not adequately considered the relevant material. The court needed to determine if the society's decision was rational and whether it had followed proper procedures.

The court found that the society had considered the relevant material and that its decision was rational. It held that the society was not required to approve the applicants as lay associates and that its decision was not unreasonable. The applicants' challenge to the decision was dismissed. The court also considered the applicants' request for costs and found that the second applicant should pay the society's costs. The application for a costs order against the first applicant was dismissed, with no order as to the costs of the application. The second applicant was ordered to pay the society's costs as agreed or assessed on a party-party basis.