High court validates restrictions on lawyer advertising

Gray, Anthony (2005) High court validates restrictions on lawyer advertising. Queensland Lawyer, 26 (3). pp. 131-139. ISSN 0312-1658


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.

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Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Author version not held. Permanent restricted access to published version due to publisher's copyright restrictions. 'This article was published in the (2005) Queensland Lawyer, Volume 26, No. 3, (c) Lawbook Co, part of Thomson Legal & Regulatory Limited' http://www.thomson.com.au. Reproduced with permission. Non-commercial viewing, copying, printing and/or distribution or reproduction of this article or any copy or material portion of the article is permitted on condition that any copy or material portion thereof must contain copyright notice referring 'Copyright (c) 2005 Lawbook Co/Thomson Legal & Regulatory Limited.' Any commercial use of this article or any copy or material portion of the article is strictly prohibited. For commercial use, permission can be obtained from Lawbook Co, Thomson Legal & Regulatory Limited, PO Box 3502, Rozelle NSW 2039. www.thomson.com.au
Faculty / Department / School: Historic - Faculty of Business - Department of Law
Date Deposited: 11 Oct 2007 00:20
Last Modified: 15 Nov 2018 01:37
Uncontrolled Keywords: high court; trade practices act; advertising; Kirby J; Hayne J; McHugh J
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180105 Commercial and Contract Law
URI: http://eprints.usq.edu.au/id/eprint/385

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