2.10 The author did not appeal against this order, nor did he pay the fine.
On 1 September 1991, he was taken into custody. Upon application of the
Institute, a further order was issued on 2 October 1991, by which the author
was to remain in custody until 29 November 1991. Applications for habeas
corpus and bail were dismissed..
Complaint
3.1 The author complains that he has been denied proceedings before an
independent and impartial tribunal. He alleges that the Supreme Court of
Victoria is institutionally linked to the Law Institute by means of
section 88 (2) <c) of the Legal Profession Practice Act {see para. 2.2 above);
the judges' rulings are said to be partial because of their "special
relationship" with the Institute. It is further submitted that the judges of
the Supreme Court simply refused to rule on the issue of whether the
practising fee and insurance premium were valid.
3.2 The author claims that his detention was unlawful, as he was detained for
refusing to pay a fine that in fact exceeded the maximum fine envisaged by the
Act. He contends that the court had no jurisdiction to entertain the case
against him, as there was no court rule authorizing a committal order for an
indefinite period until the payment of the fine,
3.3 With respect to the date of entry into force of the Optional Protocol for
Australia, it is claimed that the violation of article 14 of the Covenant has
continuing effects, in that the author remains struck off the roll of
solicitors of the Supreme Court, without any prospect of being reinstated.
Issues and proceedings before the Committee
4.1 Before considering any claims contained in a communication, the Human
Rights Committee must, in accordance with rule 87 of its rules of procedure,
decide whether or not it is admissible under the Optional Protocol to the
Covenant.
4.2 The Committee has noted the author's claim that his detention between
1 September and 29 November 1991 was unlawful. It observes that this event
occurred prior to the entry into force of the Optional Protocol for Australia
(25 December 1991), and that it does not have consequences which in themselves
constitute a violation of any of the provisions of the Covenant. Accordingly,
this part of the communication is inadmissible ratione temporis. As to the
author's contention that he was denied a fair and impartial hearing, the
Committee notes that although the relevant court hearings took place before
25 December 1991, the eEfects of the decisions taken by the Supreme Court
continue until the present time. Accordingly, complaints about violations of
the author's rights allegedly ensuing from these decisions are not in
principle excluded ratione temporis.
4.3 As to the author's contention that he was forced to contribute to the
activities of the Law Institute by paying a practising fee as well as an
insurance premium, the Committee notes that the regulation of the activities
of professional bodies and the scrutiny of such regulations by the courts may
raise issues in particular under article 14 of the Covenant. More
particularly, the determination of any rights or obligations in a suit at law
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