Darkinjung Local Aboriginal Land Council v Darkinjung Pty Ltd & Ors

The dispute between the Darkinjung Local Aboriginal Land Council and Darkinjung Pty Ltd involved issues of professional conduct and jurisdiction, specifically regarding the applicability of legal profession legislation to a solicitor practising in Victoria but providing services to a client in New South Wales. The case was heard in the Supreme Court of New South Wales. The primary issue before the court was determining which jurisdiction's legal profession legislation applied to a solicitor who received initial instructions from a client located in New South Wales, but who was practising in Victoria. This involved interpreting the meaning of "matter" in the context of the first instructions rule and examining the effect of choice of law clauses in professional engagement agreements.

The court examined the nature of the "matter" as defined under both Victorian and New South Wales legal profession legislation. It considered whether the initial instructions rule applied, which stipulates that if a solicitor in one jurisdiction receives the first instructions from a client in another jurisdiction, the legislation of the jurisdiction where the client is located should apply. The court also assessed the impact of choice of law clauses in the engagement agreements and whether these clauses could override the first instructions rule. Ultimately, the court determined that the New South Wales legislation applied due to the location of the client at the time of receiving the first instructions.

In its reasoning, the court emphasised the importance of the location of the client at the initial point of engagement when determining applicable legal profession legislation. The court held that the first instructions rule was triggered by the client's location in New South Wales, making the New South Wales legislation applicable to the solicitor's conduct. The court also found that the choice of law clauses did not alter this outcome, as they could not supersede the primary rule established by the location of the client. Consequently, the court ruled in favour of the Darkinjung Local Aboriginal Land Council, affirming the applicability of New South Wales legal profession legislation to the solicitor's actions in this case.