Recent Cases

Picos v Council of the New South Wales Bar Association [2023] NSWCA 218 (13 September 2023) (Gleeson, Leeming and Payne JJA)


OCCUPATIONS — Legal practitioners — Barristers — Qualifications and admission — Refusal of grant of practising certificate as a barrister — Where Bar Council determined applicant not fit and proper person to hold practising certificate — Where applicant held practising certificate as a solicitor — Whether Bar Council bound by Law Society Council’s determination that applicant was fit and proper person — Legal Profession Uniform Law (NSW), ss 44(1) and 45(2)

APPEALS — Leave to appeal — Challenge to striking out summons seeking declaratory relief that applicant fit and proper person to hold Australian practising certificate — Where Bar Council refused to grant practising certificate — Where right of appeal from Bar Council’s decision on merits not exercised — Legal Profession Uniform Law (NSW), s 100(1) — Whether issue of principle, general public importance or relevant injustice

ADMINISTRATIVE LAW — Whether reviewable error of law — Application for judicial review of Bar Council’s decision to refuse to grant practising certificate — Whether jurisdictional error or error of law on face of the record — Whether failure to accord applicant procedural fairness

CIVIL PROCEDURE — Court of Appeal — Review of orders of judge of appeal — Where judge of appeal dismissed contempt charges and challenge to registrar’s orders — Whether applicant demonstrated error of principle or decision was plainly wrong — Supreme Court Act 1970 (NSW), s 46(4)