Re Robertson [1989] HCA 52

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Re Robertson [1989] HCA 52

ORDER Street v. Queensland Bar Association Order Appeal Application for special leave to appeal granted. Appeal allowed. Set aside the order of the Full Court of the Supreme Court of Queensland. Remit the matter to the Supreme Court of Queensland for the making of orders in accordance with the judgment of this Court. No order as to costs. Order Case Stated Answer the questions in the stated case as follows:

1. Are the Rules of the Court relating to the admission of Barristers of the Supreme Court of Queensland, as amended by Order in Council dated [2] July 1987, invalid as being contrary to s. 117 of the Constitution?

Answer: Rule 15(e), par. (6) of Form 10 and Rule 15B(2) are inapplicable to the plaintiff to the extent that they would require him, on any fresh application for admission, to have an intention of practising principally in Queensland or so to practise during the period between conditional and absolute admission.

2. Are the Rules of the Court relating to the admission of Barristers of the Supreme Court of Queensland, as amended by Order in Council dated [2] July 1987, invalid as being contrary to s. 92 of the Constitution?

Answer: Unnecessary to answer.

No order as to costs. In re Robertson Answer the question in the stated case as follows: Are the Rules of Court relating to the admission of Barristers of the Supreme Court of Queensland as amended by Order in Council dated 2 July 1987 invalid as being contrary to s. 117 of the Constitution? Answer: Rule 15(e), par. (6) of Form 10 and Rule 15B(2) are inapplicable to the applicant to the extent that they require him to have an intention of practising principally in Queensland or so to practise during the period between conditional and absolute admission. The respondents to pay the applicant's costs in this Court.