Jauncey v Law Society of New South Wales

The New South Wales Court of Appeal considered an appeal by Mr. Jauncey against a decision of the Legal Services Tribunal. The dispute concerned the Law Society of New South Wales's decision to refuse Mr. Jauncey's application for a fidelity fund certificate, which is a prerequisite for a solicitor to practice in New South Wales. Mr. Jauncey had previously been struck off the roll of solicitors and subsequently readmitted, and the Law Society had concerns about his probity and fitness to hold a fidelity fund certificate.

The primary legal issue before the Court of Appeal was whether the Legal Services Tribunal had erred in law by upholding the Law Society's refusal of the fidelity fund certificate. Specifically, the court had to determine whether the Tribunal had correctly applied the relevant provisions of the *Legal Practitioners Act 1984* (NSW) and the principles of administrative law in assessing Mr. Jauncey's application, particularly in light of his past disciplinary history and the Law Society's concerns about his current fitness to practice.

The Court of Appeal found that the Tribunal had made an error of law. It held that the Tribunal had failed to give sufficient weight to the fact that Mr. Jauncey had been readmitted to practice, which implied a finding by the admitting authority that he was a fit and proper person to practice law. The court reasoned that while the Law Society was entitled to consider Mr. Jauncey's past conduct, it could not simply disregard the subsequent readmission and the implied findings of fitness. The court emphasised that the Tribunal's role was to conduct a fresh assessment of Mr. Jauncey's current fitness, taking into account all relevant factors, including his readmission.

The Court of Appeal allowed the appeal, set aside the decision of the Legal Services Tribunal, and remitted the matter back to the Tribunal for redetermination according to law.