Walter v Council of Queensland Law Society Inc

The High Court of Australia considered an appeal by Mr. Walter against a decision of the Council of the Queensland Law Society Inc. The dispute concerned the Council's refusal to grant Mr. Walter a practising certificate for the year 1984-1985. Mr. Walter had been convicted of a criminal offence in 1979, and the Council had determined that this conviction rendered him a person not of good repute and a fit and proper person to hold a practising certificate.

The central legal issue before the High Court was whether the Council of the Queensland Law Society had erred in law in refusing to grant Mr. Walter a practising certificate. This required the Court to consider the criteria for granting a practising certificate under the relevant Queensland legislation, particularly in light of a prior conviction, and to assess whether the Council had properly exercised its discretion in determining Mr. Walter's fitness and repute.

The High Court allowed the appeal, finding that the Council had failed to give sufficient weight to the significant period of time that had elapsed since Mr. Walter's conviction and his subsequent conduct. The Court held that the Council's decision was based on an erroneous application of the law, as it had not adequately considered the rehabilitative aspects of Mr. Walter's behaviour and his continued practice of law without incident since his conviction. The Court emphasised that the assessment of a person's fitness and repute must be a forward-looking one, taking into account all relevant circumstances, including the passage of time and evidence of rehabilitation. The Court ordered that Mr. Walter be granted a practising certificate.