McCarthy v Law Society of New South Wales

McCarthy appealed to the New South Wales Court of Appeal against a decision of the Supreme Court of New South Wales. The dispute concerned the Law Society of New South Wales's decision to refuse McCarthy's application for a fidelity fund certificate.

The Court of Appeal was required to determine whether the Law Society had acted unlawfully in refusing the certificate, and whether the Supreme Court had erred in upholding that decision. Specifically, the court considered whether the Law Society had properly exercised its discretion under the relevant legislation and whether its decision was affected by an error of law.

The Court of Appeal found that the Law Society had not acted unlawfully. It held that the Law Society was entitled to refuse the certificate based on its assessment of McCarthy's past conduct and the potential risks to the fidelity fund. The court affirmed that the Law Society's discretion was broad and that its decision was not vitiated by any error of law. The appeal was dismissed.