Legal Practitioners (Amendment) Act 1985 (ACT)

This case was heard in the Australian Capital Territory Supreme Court, where the parties contested the validity of the Legal Practitioners (Amendment) Act 1985 (ACT). The dispute centred on whether the amendment to the Legal Practitioners Ordinance 1970, which incorporated the Law Society, was validly enacted. The central issue before the court was whether the amendment was made in accordance with the proper legislative procedures set out in the Seat of Government (Administration) Act 1910. Specifically, the court had to determine if the amendment, which substituted "Part" for "Ordinance" in section 6 of the Legal Practitioners Ordinance 1970, was validly incorporated into the original act.

The court considered the procedural requirements for amending the Legal Practitioners Ordinance 1970, focusing on whether the amendment was made as per the provisions of the Seat of Government (Administration) Act 1910. The court examined the legislative process, including whether the amendment was correctly notified and whether the substitution of terms was appropriately executed. The court found that the amendment was indeed valid, as it followed the required legislative procedures and was duly notified in the Commonwealth of Australia Gazette. The court concluded that the amendment was correctly incorporated into the Legal Practitioners Ordinance 1970, and thus the amendment was valid.

As a result of the court's decision, the Legal Practitioners (Amendment) Act 1985 (ACT) was upheld, and the incorporation of the Law Society into the Legal Practitioners Ordinance 1970 was deemed valid. The court's ruling affirmed the legislative process and the amendment's compliance with the procedural requirements set out in the Seat of Government (Administration) Act 1910. This decision ensures the continued proper functioning of the legal framework governing legal practitioners in the Australian Capital Territory.