QCs CER

The High Court of Australia heard an appeal concerning the interpretation of section 118 of the *Constitution* in relation to the recognition of certain Queensland legislation. The dispute arose from a challenge to the validity of Queensland’s *Legal Practitioners Act 1995* (Qld) and related regulations, which imposed restrictions on legal practitioners from other Australian states and territories seeking admission to practice in Queensland. The appellants, who were qualified legal practitioners in other jurisdictions, sought to practice in Queensland without undergoing the full admission process prescribed by Queensland law.

The central legal issue before the High Court was whether section 118 of the *Constitution*, which mandates that "full faith and credit shall be given, throughout the Commonwealth, to the public Acts, records, and judicial proceedings of every State," rendered the Queensland legislation invalid insofar as it discriminated against legal practitioners admitted in other states. Specifically, the court had to determine if the Queensland provisions imposed a burden on interstate practitioners that was not imposed on Queensland practitioners, thereby contravening the principle of interstate non-discrimination inherent in section 118.

The High Court, in a majority decision, held that section 118 of the *Constitution* does not confer a right on a legal practitioner admitted in one state to be admitted to practice in another state without satisfying the admission requirements of that other state. The court reasoned that while section 118 requires recognition of the legal status of being admitted to practice in another state, it does not compel a state to grant admission to practice within its own jurisdiction if the applicant does not meet its local admission criteria. The majority distinguished between recognition of a status and the granting of a privilege or licence within a state's own regulatory framework. The court found that the Queensland legislation, by requiring interstate practitioners to meet certain local requirements, did not offend section 118 as it applied equally to all applicants for admission in Queensland, regardless of their state of origin, provided they met the specific criteria.

The appeal was dismissed.