Toner v Attorney General for New South Wales

The plaintiff, Toner, brought proceedings against the Attorney-General for New South Wales concerning the validity of certain legislation. The matter was heard and determined by the Supreme Court of New South Wales, Court of Appeal.

The central legal issue before the Court of Appeal was whether the *Legal Profession Reform Act 1989* (NSW) was invalid by reason of its purported contravention of Chapter III of the Commonwealth Constitution, specifically concerning the separation of judicial power. The plaintiff contended that the Act, by conferring certain administrative functions on the Supreme Court, impermissibly encroached upon the judicial power of the Commonwealth.

The Court of Appeal, applying established principles regarding the separation of judicial power, found that the impugned provisions of the *Legal Profession Reform Act 1989* (NSW) did not, in substance, vest non-judicial functions in the Supreme Court in a manner that would invalidate the legislation. The Court reasoned that the functions conferred were incidental to the court's inherent jurisdiction and did not compromise the essential character of the judicial power vested in the Supreme Court. The Court distinguished between the conferral of administrative tasks that are ancillary to the judicial function and the vesting of powers that are inherently executive or legislative in nature.

The appeal was dismissed.