Little v Cornall

This matter concerned an application for special leave to appeal to the High Court of Australia by Mr J.D. Little against Mr Robert John Albert Cornall, in his capacity as Secretary of the Law Institute of Victoria. The dispute centred on the validity of certain by-laws and amendments made under the *Legal Profession Practice Act 1958* (Vic) concerning contributions to the solicitors' liability fund and the prescribed practising fee for solicitors.

The legal issues before the Court included whether the Law Institute of Victoria, through its solicitors' liability committee and council, had the power to determine the amount of contribution payable to the solicitors' liability fund, as amended by section 88H(2A) of the *Legal Profession Practice Act 1958*. Additionally, the Court was required to consider the validity of the practising fee as set by the Law Institute council under section 88(1)(a) of the Act, particularly in relation to the statutory limitations that the fee should not exceed the membership subscription and that solicitors who had already paid their annual subscription should not be required to pay a practising fee.

Mr Little argued that the amendments to section 88H were an attempt to overcome previous challenges to the validity of regulations that had determined the contribution amounts. He contended that the practising fee, as set by the council, contravened the provisions of section 88(1)(a) by exceeding the membership subscription and by failing to exempt those who had already paid their subscription. The Court was also directed to consider section 90(7) of the Act in relation to these matters.