Wang v Council of the Law Society of New South Wales

The case of Wang v Council of the Law Society of New South Wales involved the plaintiff, Wang, who sought a claim against the Fidelity Fund. The dispute centred on Wang's allegation that his former solicitor had misappropriated money from his trust account, and the subsequent role of the Law Society in the appeal against the disciplinary action taken against the solicitor. The case was heard in the Supreme Court of New South Wales.

The primary legal issues the court had to address were whether the Law Society's role in the appeal was that of an active contradictor, as per the Hardiman principle, and whether the provisions of the Legal Profession Act 2004 applied to the appeal process. Additionally, the court had to consider whether Wang ought to have known of the illegality involved and the merits of the appeal, particularly in light of the solicitor's involvement in criminal enterprises.

In its decision, the court found that the Law Society's proper role in the appeal was indeed that of an active contradictor. This was in line with the Hardiman principle, which recognises the Law Society's duty to ensure that legal practitioners adhere to professional standards. The court further held that the provisions of the Legal Profession Act 2004 did apply to the appeal, as it pertained to the disciplinary proceedings against the solicitor. The court also determined that Wang did not have to demonstrate knowledge of the illegal activities undertaken by his solicitor. Ultimately, the appeal was upheld, and the Law Society was ordered to pay Wang's costs.