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 1993-1994. Mr. Sedgwick had previously held a practising certificate but had failed to renew it for the relevant period.

The primary legal issue before the Court of Appeal was whether the Law Society had acted unlawfully or unreasonably in refusing to grant Mr. Sedgwick a practising certificate. This involved considering the relevant provisions of the *Legal Profession Act 1987* (NSW) and the grounds upon which the Law Society could refuse such an application, as well as the principles of administrative law governing the exercise of such discretion.

The Court of Appeal found that the Law Society had not acted unlawfully or unreasonably. It held that the Law Society was entitled to refuse a practising certificate where an applicant had failed to renew their certificate for a previous period, particularly where there were concerns about the applicant's continued fitness to practise. The Court emphasised that the Law Society had a statutory duty to protect the public interest and maintain the integrity of the legal profession, and that its decision was a proper exercise of its discretion in fulfilling this duty. The appeal was dismissed.