Sharma v Legal Aid Queensland B48/2002

This matter concerned an appeal to the High Court of Australia by Mr Sharma against a decision of Legal Aid Queensland. Mr Sharma sought legal assistance from Legal Aid Queensland to pursue a claim for damages for personal injuries sustained in a motor vehicle accident. Legal Aid Queensland refused his application for assistance, and Mr Sharma subsequently sought judicial review of that decision.

The primary legal issue before the High Court was whether the decision of Legal Aid Queensland to refuse assistance was reviewable by the court. Specifically, the court had to determine whether the decision was amenable to judicial review under the *Judicial Review Act 1991* (Qld) or at general law, and if so, on what grounds. A further issue was whether the refusal was affected by an error of law.

The High Court held that decisions made by Legal Aid Queensland in relation to the grant or refusal of legal aid were administrative decisions and therefore amenable to judicial review. Their Honours found that the decision-making process of Legal Aid Queensland was subject to the principles of administrative law, including the requirement that decisions be made according to law and without error. The court considered the relevant provisions of the *Legal Aid Queensland Act 1997* (Qld) and the *Judicial Review Act 1991* (Qld) in reaching its conclusion.

The High Court allowed the appeal, quashed the decision of Legal Aid Queensland, and remitted the matter to Legal Aid Queensland for reconsideration according to law.