Makowski v Legal Profession Admission Board
[2021] HCASL 36
MAKOWSKI
v
LEGAL PROFESSION ADMISSION BOARD
[2021] HCASL 36
S243/2020
The applicant is a student-at-law. The NSW Admission Board Rules 2015 prescribe the sequence in which certain examinations must be undertaken and passed by students-at-law in order to qualify for a Diploma in Law. The rule may be relaxed by the respondent, its Examinations Committee, or its delegate, the Executive Officer, "in circumstances which it regards as sufficiently special", so as to permit a student-at-law to sit a subject out of the prescribed sequence.
The applicant seeks special leave to appeal from a judgment of the Court of Appeal of the Supreme Court of New South Wales (Macfarlan and Brereton JJA) dismissing the applicant's application for leave to appeal from a decision of the Supreme Court of New South Wales (Cavanagh J) dismissing the applicant's application for judicial review, with costs, in respect of a decision of the Examinations Committee of the respondent to confirm a decision of the Acting Executive Officer of the respondent. The Acting Executive Officer refused the applicant's application for permission to enrol in Equity and Commercial Transactions in the Winter 2019 session, despite the applicant not having completed Contracts or Australian Constitutional Law, and also decided not to process a second application for relaxation of the progression rule in respect of the same subjects for Term 2 of 2019.
The applicant identifies no error of principle which it would be in the interests of justice for this Court to consider. The applicant requires an extension of time, but it would be futile to grant the extension which is sought. There is no reason to doubt the correctness of the decision of the Court of Appeal. The application should be dismissed.
Pursuant to r 41.08.1 of the High Court Rules 2004 (Cth), we direct the Registrar to draw up, sign and seal an order dismissing the application.
M.M. Gordon S.H.P. Steward 4 March 2021
2
0
0