APLA Limited v Legal Services Commissioner (NSW) [2005] HCA 44

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, KIRBY, HAYNE, CALLINAN AND HEYDON JJ

APLA LIMITED & ORS PLAINTIFFS

AND

LEGAL SERVICES COMMISSIONER OF NEW SOUTH

WALES & ANOR DEFENDANTS

APLA Limited v Legal Services Commissioner (NSW)

[2005] HCA 44

1 September 2005

S202/2004

ORDER

Questions asked in the special case answered as follows:

(1) Q. Is Part 14 of the Regulation invalid in whole or in part by reason that it:

(a) impermissibly infringes the freedom of communication on political and governmental matters guaranteed by the Constitution;

(b) impermissibly infringes the requirements of Ch III of the Constitution and of the principle of the rule of law as given effect by the Constitution;

(c) impermissibly infringes the freedom of interstate intercourse or alternatively trade and commerce guaranteed by s 92 of the Constitution;

(d) exceeds the legislative powers of the State of New South Wales by virtue of the nature of its extra-territorial operation;

(e) exceeds any powers to make regulations under the Legal Profession Act, by virtue of the nature of its extra-territorial operation;

(f) is inconsistent with the rights, duties, remedies and jurisdiction conferred, regulated or provided for by:

(A) ss 39(2), 39B, 55A, 55B, 55D, and 78 of the Judiciary Act 1903 (Cth);

(B) Divisions 1 and 2 of Part III and Part IVA of the Federal Court of Australia Act 1976 (Cth);

(C) ss 52, 53(a), 74B, 74D, 75AD, 82, 86 and 87 of the Trade Practices Act 1974 (Cth);

(D) Parts II, IV, V and VI of the Safety, Rehabilitation and Compensation Act 1988 (Cth), together with Parts IV and IVA of the Administrative Appeals Tribunal Act 1975 (Cth);

(E) Parts 4, 6 and 7 of the Superannuation (Resolution of Complaints) Act 1993 (Cth), together with Parts 27 and 28 of the Superannuation Industry (Supervision) Act 1993 (Cth).