Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
De Pardo v Legal Practitioners Complaints Committee [2000] FCA 335
CONSTITUTIONAL LAW – inconsistency – State law regulating legal practitioners – Tribunal established under State law to inquire into allegations of unprofessional conduct – complaint of gross overcharging by counsel in proceedings in State court exercising federal jurisdiction – whether Family Law Act 1975 and Judiciary Act 1903 cover the field excluding application of State law relating to unprofessional conduct – whether State disciplinary authority purporting to exercise federal judicial power.
LEGAL PRACTITIONERS – practitioner admitted by Supreme Court of a State under State legislation – disciplinary proceedings by State Tribunal in respect of conduct in practice of law in State court exercising federal jurisdiction – application by practitioner to restrain proceedings – nature of proceedings undertaken by State Tribunal – gross overcharging amounting to unprofessional conduct – nature of inquiry to determine unprofessional conduct– whether inquiry involves assessment of taxed costs – whether inconsistence with provisions of federal law relating to taxation of costs in federal proceedings – whether impermissible exercise of federal judicial power.
Legal Practitioners Act 1893 (WA) s 22(1), s 3. S 28C(1), s 28D, s 29A, s 65
Family Law Act 1975 (Cth) s 47, s 122, s 123(g), s 4(1)
Judiciary Act 1903 (Cth)
Family Court Act 1975 (WA)
Family Court Act 1997 s 27, s 88A(1)(h)
R v Licensing Court; Ex parte Daniell (1920) 28 CLR 23 referred to
Clyde Engineering Co Ltd v Cowburn (1926) 37 CLR 466 referred to
Ex parte McLean (1930) 43 CLR 472 applied
Allinson v General Council of Medical Education and Registration [1894] 1 QB 750 discussed
In re: A Solicitor Ex parte The Law Society [1912] 1 KB 302 discussed
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