By a 5-2 margin, Australia’s High Court has rejected a constitutional challenge to a ban imposed by the country’s most populous state, New South Wales, on advertisements intended to solicit personal-injury law work. Plaintiff’s lawyers had unsuccessfully argued that such ads amounted to political speech deserving of protection, but the court ruled that they were more plausibly understood as commercial solicitations. The two dissenters were Justice Michael McHugh, who apparently embraced a reading of the national constitution under which states could not constitutionally enact legislation “which has the effect or object of reducing litigation” — surprised our ATLA hasn’t come up with that one — and Justice Michael Kirby. (Michael Pelly, “Injury ad ban to stay, judges rule”, Sydney Morning Herald, Sept. 2).
Australia: High Court upholds injury-ad ban
By a 5-2 margin, Australia’s High Court has rejected a constitutional challenge to a ban imposed by the country’s most populous state, New South Wales, on advertisements intended to solicit personal-injury law work. Plaintiff’s lawyers had unsuccessfully argued that such ads amounted to political speech deserving of protection, but the court ruled that they were […]
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