Radin v The Law Society of New South Wales

The Court of Appeal of New South Wales heard an appeal by Mr Radin against a decision of the Legal Services Tribunal. The dispute concerned the Law Society of New South Wales's decision to refuse Mr Radin's application for a fidelity fund certificate.

The primary legal issue before the Court was whether the Tribunal had erred in law by finding that Mr Radin was not a "practising solicitor" for the purposes of the *Legal Practitioners Act 1987* (NSW) and therefore not entitled to a fidelity fund certificate. This turned on the interpretation of the definition of "practising solicitor" within the Act, particularly in circumstances where a solicitor was not actively engaged in legal practice but held a current practising certificate.

The Court reasoned that the definition of "practising solicitor" in the *Legal Practitioners Act 1987* (NSW) did not require a solicitor to be actively engaged in legal practice to be considered a practising solicitor. Rather, holding a current practising certificate was sufficient. The Court found that the Tribunal had misinterpreted the statutory definition and applied an incorrect legal principle.

Consequently, the Court of Appeal allowed Mr Radin's appeal, set aside the decision of the Legal Services Tribunal, and remitted the matter to the Tribunal to determine Mr Radin's application for a fidelity fund certificate according to law.