Picos v Council of the New South Wales Bar Association

The applicant, Mr Picos, sought leave to appeal to the Court of Appeal from orders of a judge of appeal that dismissed his summons seeking declaratory relief. The underlying dispute concerned the refusal by the Council of the New South Wales Bar Association (the Bar Council) to grant Mr Picos a practising certificate as a barrister. Mr Picos had previously held a practising certificate as a solicitor.

The primary legal issues before the Court of Appeal were whether the Bar Council was bound by a determination of the Law Society Council that Mr Picos was a fit and proper person to hold a practising certificate, and whether the judge of appeal had erred in dismissing Mr Picos's challenge to the Bar Council's decision. The court also considered whether the judge of appeal had erred in dismissing Mr Picos's application for judicial review of the Bar Council's decision, including allegations of jurisdictional error, error of law on the face of the record, and failure to accord procedural fairness. Furthermore, the court examined whether the judge of appeal had erred in dismissing contempt charges and challenges to registrar's orders.

The Court of Appeal reasoned that the right of appeal under section 100(1) of the *Legal Profession Uniform Law (NSW)* was not engaged as the applicant had not exercised his right of appeal from the Bar Council's decision on the merits. The court found that the applicant had not demonstrated an issue of principle, general public importance, or relevant injustice to warrant leave to appeal. The court also determined that the judge of appeal had not erred in dismissing the various applications, including the judicial review and the contempt charges.

The Court of Appeal ordered that time for filing the summons seeking leave to appeal be extended, but refused leave to appeal and dismissed the summons with costs. The court also extended time for filing a summons, dismissed an amended summons with costs, and dismissed specific prayers of the applicant's notice of motion with costs.