Raphael v The Law Society of New South Wales

Raphael 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' refusal to grant Raphael a fidelity fund certificate, which was a prerequisite for him to continue practising as a solicitor in New South Wales.

The primary legal issue before the Court of Appeal was whether the Law Society had acted unlawfully or unreasonably in refusing to grant the fidelity fund certificate. This involved considering whether the Law Society had properly exercised its discretion under the relevant legislation, and whether its decision was based on relevant considerations and was not affected by irrelevant ones. The Court also had to determine if Raphael had demonstrated that he was a fit and proper person to hold such a certificate.

The Court of Appeal found that the Law Society had failed to provide adequate reasons for its refusal and had not properly considered all the evidence before it. It was held that the Law Society's discretion must be exercised in accordance with the principles of administrative law, requiring a rational and evidence-based decision. The Court concluded that the Law Society had not discharged its onus to demonstrate that its refusal was justified.

Consequently, the Court of Appeal allowed Raphael's appeal, set aside the decision of the Supreme Court, and remitted the matter back to the Law Society with a direction to reconsider Raphael's application in accordance with the Court's judgment.