APLA Limited v Legal Services Commissioner (NSW)

Constitutional law (Cth) – Legal profession – Advertising of legal services – Validity of the Legal Profession Regulation 2002 (NSW), Pt 14 ("the Regulations") which prohibits advertising of legal services relating to claims in respect of personal injuries.

Legal profession – Barristers and solicitors – Whether the Regulations are designed to restrict advertising which promotes the use of a particular barrister or solicitor or any barrister or solicitor.

Constitutional law (NSW) – Extra-territorial power of the State of New South Wales – Whether Regulations aimed at the advertising of legal services in New South Wales which also apply to advertising that takes place outside New South Wales are valid.

Constitutional law (Cth) – Implied freedom of communication on government or political matters – Whether the restriction on advertising legal services relating to claims in respect of personal injuries effectively burdens the implied freedom of communication on government or political matters – Whether the implied freedom extends to prevent burdens by State law on communications related to the operation of the courts provided for in Chapter III of the Constitution.

Constitutional law (Cth) – Chapter III – Rule of law – Whether Chapter III of the Constitution implicitly prohibits any law of the Commonwealth or of a State or Territory which effectively burdens the capacity of litigants or potential litigants to receive information and assistance as may be necessary for them to assert their legal rights and approach courts exercising federal jurisdiction – Whether the Constitution supports a freedom to receive advice or information about the possible exercise of judicial power.

Constitutional law (Cth) – s 92 – Freedom of interstate trade and commerce, and interstate intercourse – Distinction between interstate trade and commerce, and interstate intercourse – Whether, where a law burdens interstate intercourse that occurs in or in relation to interstate trade and commerce, it is the trade and commerce limb of s 92 which applies – Whether the restriction on advertising by the Regulations imposes a discriminatory burden of a protectionist kind on interstate trade and commerce – Whether any impediment to interstate intercourse imposed by the Regulations is greater than reasonably required to achieve the object of the Regulations.

Constitutional law (Cth) – s 109 – Inconsistency between certain Commonwealth Acts and the Regulations – Whether the Regulations impair or detract from a Commonwealth scheme of legislation and the rights, remedies and jurisdiction contained in such legislation.

Constitution – Ch III, ss 92, 109.

Legal Profession Act 1987 (NSW) – ss 38J, 216.

Legal Profession Amendment (Personal Injury Advertising) Regulation 2003 (NSW).

Legal Profession Regulation 2002 (NSW) – Pt 14.