De Pardo v Legal Practitioners Complaints Comittee [1999] FCA 698

De Pardo v Legal Practitioners Complaints Comittee [1999] FCA 698

State disciplinary proceedings against a practitioner for conduct in a matter involving the exercise of federal jurisdiction are not invalid under s 109 of the Constitution as inconsistent with Commonwealth law, nor do they involve an exercise of Commonwealth judicial power contrary to s 71 of the Constitution; the State Tribunal's conduct in proceeding does not infringe constitutional limits.

Jurisdiction
Australia
Judgment Date
26 May 1999
Procedural Posture
Application for Injunction / Judicial Review / Judgment at First Instance
Outcome
Application dismissed with costs.
Legal Topics
['disciplinary Proceedings Against Legal Practitioners' 'inconsistency Under S 109 of the Constitution' 'exercise of Federal Judicial Power (s 71 of the Constitution)']
['legal Profession' 'constitutional Law'] ['disciplinary Proceedings Against Legal Practitioners' 'inconsistency Under S 109 of the Constitution' 'exercise of Federal Judicial Power (s 71 of the Constitution)']

Case Brief

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Procedural Posture

Application for Injunction / Judicial Review / Judgment at First Instance

Legal Issues

  1. 1 ['Whether the State disciplinary proceedings are inconsistent with Commonwealth law by virtue of s 109 of the Constitution' 'Whether proceedings before the State Tribunal constitute an exercise of federal judicial power contrary to s 71 of the Constitution']

Ratio Decidendi

State disciplinary proceedings against a practitioner for conduct in a matter involving the exercise of federal jurisdiction are not invalid under s 109 of the Constitution as inconsistent with Commonwealth law, nor do they involve an exercise of Commonwealth judicial power contrary to s 71 of the Constitution; the State Tribunal's conduct in proceeding does not infringe constitutional limits.

Court Disposition

Application dismissed with costs.

Orders

  • ['The application be dismissed with costs.']