Sedgwick v Law Society of New South Wales

The New South Wales Court of Appeal heard an appeal by Mr Sedgwick against a decision of the Supreme Court of New South Wales. The dispute concerned the Law Society of New South Wales' refusal to grant Mr Sedgwick a practising certificate for the year 1992-1993. Mr Sedgwick had been convicted of a criminal offence in 1989, and the Law Society had determined that this conviction rendered him a person not of good character, and therefore disqualified him from holding a practising certificate.

The primary legal issue before the Court of Appeal was whether the Law Society had erred in law in refusing to grant Mr Sedgwick a practising certificate. This required the Court to consider the proper interpretation and application of the relevant provisions of the *Legal Profession Act 1987* (NSW), particularly those relating to the character requirements for solicitors seeking to practise. The Court also had to determine whether the Law Society had properly exercised its discretion in assessing Mr Sedgwick's fitness to hold a certificate, taking into account the nature of his conviction and the time that had elapsed since it occurred.

The Court of Appeal found that the Law Society had misconstrued the relevant provisions of the *Legal Profession Act 1987*. It held that a conviction for a criminal offence did not automatically disqualify a person from holding a practising certificate. Instead, the Law Society was required to assess the individual's character in light of all relevant circumstances, including the nature of the offence, the time elapsed, and any evidence of rehabilitation. The Court emphasised that the focus should be on present fitness to practise, rather than solely on past misconduct. The Court allowed the appeal and remitted the matter to the Law Society for reconsideration according to law.