Hill v The Council of the Law Society of the Act
Case
•
[2019] ACTSC 79
•27 March 2019
Details
AGLC
Case
Decision Date
Hill v The Council of the Law Society of the Act [2019] ACTSC 79
[2019] ACTSC 79
27 March 2019
CaseChat Overview and Summary
The plaintiff, Hill, sought judicial review of decisions made by the Law Society of the ACT to appoint a supervisor and a manager to a law practice. Hill contested the legality of these appointments under the Legal Profession Act 2006 (ACT), arguing that the instruments of appointment did not comply with the statutory provisions. The court was asked to consider whether the appointments were valid and if the amended instrument of appointment for the manager complied with the Act. Hill also sought an extension of time to commence the proceedings.
The court had to determine whether the initial instruments of appointment for the supervisor and manager complied with the Legal Profession Act 2006 (ACT). Additionally, the court needed to assess if the amended instrument of appointment for the manager was in line with the Act's requirements. The court further considered whether an extension of time should be granted to Hill to commence the judicial review proceedings.
In addressing these issues, the court found that the appointments were not compliant with the statutory provisions. However, the court determined that the amended instrument of appointment for the manager did comply with the Act. The court held that Hill's delay in bringing the proceedings was significant and did not warrant an extension of time. Consequently, the court dismissed Hill's application for judicial review and denied the request for an extension of time.
The court ordered that Hill's application for judicial review be dismissed and that the application for an extension of time be refused. The court also noted that the costs of the proceedings be borne by Hill.
The court had to determine whether the initial instruments of appointment for the supervisor and manager complied with the Legal Profession Act 2006 (ACT). Additionally, the court needed to assess if the amended instrument of appointment for the manager was in line with the Act's requirements. The court further considered whether an extension of time should be granted to Hill to commence the judicial review proceedings.
In addressing these issues, the court found that the appointments were not compliant with the statutory provisions. However, the court determined that the amended instrument of appointment for the manager did comply with the Act. The court held that Hill's delay in bringing the proceedings was significant and did not warrant an extension of time. Consequently, the court dismissed Hill's application for judicial review and denied the request for an extension of time.
The court ordered that Hill's application for judicial review be dismissed and that the application for an extension of time be refused. The court also noted that the costs of the proceedings be borne by Hill.
Details
Key Legal Topics
Areas of Law
-
Administrative Law
Legal Concepts
-
Judicial Review
-
Statutory Construction
-
Limitation Periods
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Skyton Holdings No 5 Pty Ltd v Strathfield Municipal Council [2023] NSWLEC 61
Cases Citing This Decision
8
Hill v The Council of the Law Society of the Act (No 2)
[2020] ACTCA 13
Hill v The Council of the Law Society of the Act
[2020] ACTCA 3
Hill v Zhang
[2019] FCA 1562
Cases Cited
2
Statutory Material Cited
4
Project Blue Sky Inc v Australian Broadcasting Authority
[1998] HCA 28