High court validates restrictions on lawyer advertising

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.