Hunt v Law Society of New South Wales

The Court of Appeal of New South Wales heard an appeal by Mr. Hunt against a decision of the Legal Services Tribunal. The dispute concerned the Law Society of New South Wales's refusal to grant Mr. Hunt a fidelity fund certificate, which is a prerequisite for a solicitor to practice. Mr. Hunt sought to challenge this refusal.

The central legal issue before the Court of Appeal was whether the Legal Services Tribunal had erred in law by upholding the Law Society's decision to refuse the fidelity fund certificate. Specifically, the court had to consider the interpretation and application of the relevant provisions of the *Legal Practitioners Act 1987* (NSW) concerning the requirements for obtaining such a certificate and the grounds upon which the Law Society could refuse it.

The Court of Appeal found that the Tribunal had correctly applied the law. It reasoned that the Law Society was entitled to refuse the certificate based on concerns about Mr. Hunt's past conduct and his financial arrangements, which were deemed to pose a risk to the fidelity fund. The court affirmed the principle that the Law Society has a statutory duty to protect the public and the fidelity fund, and that this duty justified its refusal of the certificate in the circumstances. The appeal was dismissed.