High court validates restrictions on lawyer advertising
Article
Article Title | High court validates restrictions on lawyer advertising |
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ERA Journal ID | 36803 |
Article Category | Article |
Authors | |
Author | Gray, Anthony |
Journal Title | Queensland Lawyer |
Journal Citation | 26 (3), pp. 131-139 |
Number of Pages | 9 |
Year | 2005 |
Place of Publication | Rozelle, Australia |
ISSN | 0312-1658 |
Web Address (URL) | http://www.thomson.com.au/catalogue/shopexd.asp?ccode=5984 |
Abstract | As part of governments' responses to the so-called public liability crisis, the New South Wales Parliament enacted tough restrictions on the ability of a legal practitioner to 'advertise' their services in that jurisdiction. The definition of 'advertise' is a very broad one, wide enough to include a wide range of activities, including providing information about legal services, whether or not in a commercial context. The Australian Plaintiff Lawyers Association challenged the legislation on various grounds, but in September the High Court validated the legislation. The author explains the court's reasons in this article, but finds the arguments of the dissenting judges to be stronger. The article compares the New South Wales provisions with equivalent rules operating in Queensland. |
Keywords | high court; trade practices act; advertising; Kirby J; Hayne J; McHugh J |
ANZSRC Field of Research 2020 | 480699. Private law and civil obligations not elsewhere classified |
Public Notes | Files associated with this item cannot be displayed due to copyright restrictions. |
Byline Affiliations | Department of Law |
https://research.usq.edu.au/item/9x899/high-court-validates-restrictions-on-lawyer-advertising
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