Johns v The Law Society of New South Wales

The New South Wales Court of Appeal considered the appeal of Mr. Johns against a decision of the Supreme Court of New South Wales. The dispute concerned the Law Society of New South Wales' refusal to grant Mr. Johns a practising certificate for the year commencing 1 July 1990. Mr. Johns had been convicted of certain offences and had a history of financial difficulties, which formed the basis of the Law Society's refusal.

The primary legal issue before the Court of Appeal was whether the Law Society had acted reasonably and lawfully in refusing to grant Mr. Johns a practising certificate. This involved determining whether the Law Society had properly considered all relevant factors, including Mr. Johns' past conduct and his present fitness to practise law, and whether its decision was based on proper grounds as stipulated by the relevant legislation.

The Court of Appeal found that the Law Society had erred in its assessment. It held that while the Law Society was entitled to consider Mr. Johns' past conduct and financial circumstances, it had failed to give sufficient weight to the evidence of his rehabilitation and his current capacity to practise law. The Court emphasised that the refusal of a practising certificate should be based on a genuine concern for the public interest and the reputation of the legal profession, and not merely on past transgressions without considering present suitability. The Court allowed the appeal, setting aside the Law Society's refusal and remitting the matter back to the Law Society for reconsideration in accordance with the Court's judgment.