Constitutional law

Crown Law's constitutional law experts have significant experience advising clients in this area of law and in addressing complex questions involving statutory interpretation.

We provide a broad range of legal services, including:

  • advising on complex questions of statutory interpretation
  • advising on complex constitutional law issues (State and Commonwealth)
  • advising the Attorney-General about intervention in constitutional litigation
  • providing support to the Solicitor-General when he represents the State in litigation and provides advice on significant matters
  • advising on whether draft legislation, if enacted, will be valid and will meet the client’s requirements
  • advising the Attorney-General in relation to matters involving judicial officers
  • advising in relation to issues involving Cabinet and Parliament.
  • Instructing the Solicitor-General in the High Court defending a challenge to the validity of the State’s anti-bikie laws. The challenged legislation included the Vicious Lawless Association Disestablishment Act 2014. Mr Kuczborski alleged that the laws were inconsistent with the institutional integrity of Queensland courts and were therefore invalid for infringing the Kable principle. In November 2014, the High Court (6:1) dismissed the challenge.
  • Acting for the Queensland Police Service and the Attorney-General in successfully defending the validity of the Criminal Organisation Act 2009 in High Court proceedings to have the Gold Coast Chapter of the Finks Motorcycle Club and Pompano Pty Ltd declared criminal organisations
  • Instructing the Solicitor-General in a High Court challenge to the validity of various provisions of the Corrective Services Act 2006 (Wotton v State of Queensland (2012) 246 CLR 1) and to defend legislation in CEPU v Queensland Rail.
  • Instructing the Solicitor-General who appeared for the Attorney-General in the following recent High Court matters: NuCoal Resources Ltd v NSW, A-G (NT) v Emmerson, Pollentine v Bleijie and Tajjour v NSW.
  • Acting for the Attorney-General intervening in Owen v Menzies and McLindon v Queensland Electoral Commission, both significant matters before the Queensland Court of Appeal.
  • Representing and advising the State on a wide range of issues including maritime, environmental, international law and cultural heritage arising from the oil spill from the 'Pacific Adventurer off the Queensland coast in March 2010.
  • Advising on the regulation of coal seam gas activities and North Stradbroke Island sand mining.