The first real challenge to attempts to curb plaintiff lawyers’ activities has been rejected by the High Court. It has upheld the NSW Government’s right to ban personal injury lawyers from advertising their services.

The ban on advertising was introduced in May 2003. In a 5-2 decision, the High Court found against the Australian Lawyers Alliance, which had argued there it had a constitutional right to freedom of communications. 

However, Justice William Gummow said it was neither of the “essential nature of a court nor an essential incident of the judicial process” that lawyers advertise.

Leading plaintiff law firm Maurice Blackburn Cashman and solicitor Bob Whyburn claimed the advertising ban impedes people’s rights to access the courts.

Alliance President Richard Faulks said the High Court decision should be a serious concern for other professions. “If governments can impose these types of restrictions on lawyers, they can do it for any other industry.

“This is also a blow for injured people and their ability to access information about their legal rights, and seek justice for the wrongdoing of others.

“If people have rights to take legal action, then they should have the right to access appropriate and accurate information about those rights.”