find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Insurance Lawyer (3-5 PAE)
Category: Insurance and Superannuation Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Dynamic organisation ·
View details
Real Estate & Projects Lawyer (6+ years PAE)
Category: Property Law | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Top tier firm with offices nationally · High profile clients
View details
APLA takes NSW Gov to court

APLA takes NSW Gov to court

AS LAWYERS WEEKLY was going to press, the Australian Plaintiff Lawyers Association (APLA), national law firm Maurice Blackburn Cashman and NSW solicitor Bob Whyburn were in the process of filing…

AS LAWYERS WEEKLY was going to press, the Australian Plaintiff Lawyers Association (APLA), national law firm Maurice Blackburn Cashman and NSW solicitor Bob Whyburn were in the process of filing a case in the High Court naming the NSW Legal Services Commissioner as the respondent.

The trio of litigants is seeking to overturn the NSW Government’s restriction on advertising personal injury legal services, on a number of grounds, including that it breaches the implied right to freedom of political communication contained in the Constitution.

“Our Constitution and the objectives of this organisation make it pretty mandatory for us to proceed with this,” said APLA CEO, Eva Scheerlinck. “Preserving access to justice is what we’re all about and these regulations are sure as hell going to make it a lot more difficult for people to find information about their rights, let alone an appropriate person to represent them.”

In May 2003, the NSW Government banned advertising personal injury services. As a result of the ban, public access to information about personal injury law is now greatly restricted, APLA said. The public now has no direct means of knowing of their legal rights and/or any changes to the law that may affect them if they are injured.

The reasoning behind the action being brought jointly is so that the case, if it proceeds, will be as far-reaching as possible. Maurice Blackburn and Cashman is a legal practice incorporated in Victoria. Bob Whyburn is a NSW solicitor.

The NSW District Court has seen a sharp decline in the number of statements of claim filed since the regulations were introduced. Dr Peter Cashman, general counsel at Maurice Blackburn Cashman said, “This legislation prevents injured people from having access to justice . . . The Government has clearly gone too far.”

NSW Legal Services Commissioner Steve Mark said: “Where actions are taken and where there is a question as to whether any piece of litigation is vague or not vague, the issue of clarification by a court is quite appropriate.

“At this stage we’re awaiting developments . . . we act as a model litigant as far as government agencies should, even though I’m an independent statutory authority . . .we don’t try and waste the court’s time or the other parties’ time with any shenanigans, we’ll play it with a straight bat.”

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

APLA takes NSW Gov to court
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Unite
07:04
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
Scales of Justice, Victorian County Court, retiring judges
Aug 21 2017
Replacements named for retired Vic judges
Two new judicial officers have been appointed in the Victorian County Court, following the retire...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...