The Law Society of New South Wales v Attorney General of New South Wales; ABC Insurance Pty Ltd v The Law Society of New South Wales

The Law Society of New South Wales and ABC Insurance Pty Ltd sought determination from the Court of Appeal of New South Wales regarding the interpretation of provisions within the *Legal Profession Uniform Law (NSW)* (LPUL) and its application Act. The dispute centred on the requirements for professional indemnity insurance for legal practitioners seeking practising certificates and the role of the Attorney General in approving such insurance.

The court was asked to determine whether the Law Society could grant or renew a practising certificate if an applicant did not have professional indemnity insurance approved by the Attorney General under section 95(2) of the *Legal Profession Uniform Law Application Act 2014 (NSW)*, and was not otherwise exempt. Furthermore, the court was to consider whether a specific insurance policy offered by ABC Insurance Pty Ltd met the criteria for an "approved insurance policy" under section 210 of the LPUL, specifically concerning authorisation by APRA and compliance with minimum standards.

The Court of Appeal held that a practising certificate could not be granted or renewed if the applicant lacked professional indemnity insurance approved by the Attorney General under section 95(2) of the Application Act, provided the Attorney General had approved at least one such policy for a class of entities including the applicant. Because this condition was satisfied for the 2024-2025 practising year, the second question concerning the ABC policy did not arise for determination. The court's reasoning focused on the interplay between the LPUL's general requirement for approved insurance and the specific power granted to the Attorney General under the Application Act to approve insurers.