Bechara v The Law Society [2000] NSWSC 917

New South Wales Supreme Court

CITATION : Bechara v The Law Society [2000] NSWSC 917 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 3165 of 1999 HEARING DATE(S) : 8 September 2000 JUDGMENT DATE : 15 September 2000

PARTIES : Maria Terese Bechara (Plaintiff) The Law Society of New South Wales (Defendant) JUDGMENT OF : Windeyer J at 1

COUNSEL : Mr P Neil SC with him Mr S Galitsky (Plaintiff) Mr I G Harrison SC with him Mr B Skinner (Defendant) SOLICITORS : M T Bechara & Co (Plaintiff) A S Brown (Defendant) CATCHWORDS : CONTRACT - implied terms - Law Society specialist accreditation scheme - contract between applicant and Law Society for accreditation - provision for re-assessment for unsuccessful applicant - applicant failed peer interview - whether implied term that written materials would be kept to allow proper re-assessment to take place CASES CITED : BP Refinery (Westernport) Pty Ltd v Hastings Shire Council (1977) 180 CLR 266 Enkelmann v Glissan (1982) 2 BPR [97155] DECISION : See paragraph 23

11 IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

WINDEYER J

FRIDAY 15 SEPTEMBER 2000

3165/99 MARIA TERESE BECHARA v LAW SOCIETY OF NEW SOUTH WALES

JUDGMENT Outline 1 The plaintiff is a solicitor. She applied to the Law Society of New South Wales for accreditation as a specialist in personal injury law. That involved assessment in three parts: a written test; a mock file assessment; and a peer interview. She attained an acceptable pass level for the written test and mock file. She was judged unsatisfactory in the peer interview component. She complains that there had been a breach of contract between herself and the Law Society and seeks specific performance and/or damages. In addition, or as a last resort, she seeks declarations as to breach. Facts 2 The Law Society conducts a specialist accreditation programme of its own accord. It has a specialist accreditation department and a specialist accreditation board, presumably set up by authority of the Council of the Society. 3 The Society has issued a specialist accreditation handbook setting out what it refers to as "policy, procedures and regulations". It explains the methods of assessment. As to peer interviews it states: Peer Interview These interviews are conducted by a panel of assessors, usually two, asking questions regarding legal practice and/or the candidates mock file if appropriate.