Torney, Ex parte- Re Colina & Anor

This matter concerned an application for leave to appeal to the High Court of Australia from a decision of the Full Court of the Supreme Court of Victoria. The applicant, Torney, sought to challenge the validity of certain provisions of the *Legal Profession Act 1993* (Vic) and the *Legal Profession Regulations 1993* (Vic) on constitutional grounds. The respondents were Colina and another, who were represented by the Victorian Bar Council.

The central legal issue before the High Court was whether the impugned provisions of the *Legal Profession Act* and Regulations, which conferred certain powers on the Victorian Bar Council concerning the admission and regulation of barristers, were invalid by reason of their inconsistency with Chapter III of the Australian Constitution. Specifically, the applicant argued that these provisions purported to vest judicial power in a non-judicial body, thereby contravening the separation of judicial power.

The High Court, in a joint judgment, dismissed the application for leave to appeal. Their Honours held that the powers conferred by the legislation on the Bar Council were not, in substance, judicial power. Rather, they were administrative or regulatory functions incidental to the self-governance of the legal profession. The Court distinguished between the exercise of judicial power, which is vested exclusively in courts, and the exercise of administrative power, even if that power involves making findings of fact or applying legal standards. The legislation was found to be a valid exercise of the legislative power of the Victorian Parliament.