Picos v Council of the Law Society of New South Wales [2022] FCA 755

Federal Court of Australia

Picos v Council of the Law Society of New South Wales [2022] FCA 755 File number: NSD 414 of 2022

Judgment of: THOMAS J

Date of judgment: 29 June 2022

Catchwords: HUMAN RIGHTS – Australian Human Rights Commission Act 1986 (Cth) – urgent application pursuant to s 46PP seeking interim injunction to preserve the status quo pending determination of complaint to Australian Human Rights Commission – where applicant admitted as an Australian legal practitioner and holds current practising certificate as a solicitor in New South Wales – where applicant has given undertakings to Law Society not to engage in practice as a solicitor and has not practised this financial year – where applicant passed bar exam and completed bar practice course in New South Wales and seeks to practise as a barrister – where applicant seeks to preserve status quo as at date of complaint to retain solicitor practising certificate until resolution of complaint – where applicant has not sought to renew practising certificate for new financial year – whether prima facie case of sufficient strength to justify the preservation of the status quo – whether balance of convenience and justice favours the relief sought – injunction refused HUMAN RIGHTS – Disability Discrimination Act 1992 (Cth) ss 19 and 21A – applicant alleges discrimination by designated local regulatory authority under Legal Profession Uniform Law (NSW) in refusing to renew applicant's solicitor practising certificate – consideration of requirements of Uniform Law s 45(2) and Legal Profession Uniform General Rules 2015 (NSW) r 13

Legislation: Constitution cl 5, ss 92 and 109 Australian Human Rights Commission Act 1986 (Cth) s 46PP Disability Discrimination Act 1992 (Cth) ss 19 and 21A Judiciary Act 1903 (Cth) s 78B Legal Profession Uniform General Rules 2015 (NSW) rr 12, 13 and 17 Legal Profession Uniform Law (NSW) ss 44, 45 and 83 Legal Profession Uniform Law Application Act 2014 (NSW) ss 32 and 37