Law Society Amendment By-laws 1999 (TAS)

The Law Society of Tasmania, represented by its Council, amended its by-laws in 1999 to alter the fees for principals and employees, as stipulated in Schedule 2 of the Principal By-laws. This change was challenged in the court, with the applicants arguing that the amendment lacked proper authorisation and was invalid. The applicants sought a judicial review to declare the amendment null and void, claiming it was not made in accordance with the Legal Profession Act 1993. The respondents, including the Law Society of Tasmania, argued that the amendment was validly made and within their legislative powers.

The court was tasked with determining whether the amendment to the by-laws was validly enacted according to the Legal Profession Act 1993. The primary legal issue was whether the amendment complied with the statutory requirements for making by-laws under the Act. Specifically, the court examined whether the amendment process adhered to the necessary procedures outlined in the Act and whether the Council had the requisite authority to make such amendments. The applicants contended that the amendment was not properly authorised, while the respondents maintained that the amendment was validly made.

The court found that the amendment to the by-laws was validly enacted under the Legal Profession Act 1993. The court held that the amendment process followed the necessary statutory procedures and that the Council had the requisite authority to make the amendment. The applicants' argument that the amendment was not properly authorised was dismissed, as the court found that the by-laws were made in accordance with the legislative framework. Consequently, the applicants' challenge to the validity of the amendment was unsuccessful.

The court declared that the amendment to the by-laws was valid and did not require judicial review. The applicants' application for a declaration of invalidity was dismissed, and no orders were made in favour of the applicants. The amendment to the fees for principals and employees, as set out in the Law Society Amendment By-laws 1999, was upheld as valid.