Augustine Paul FCJ:

[1] The first respondent ("the respondent") was admitted and enrolled as an advocate and solicitor of the High Court on 15 December 1995. He commenced legal practice on 1 April 1996 and ceased to do so on 23 January 2001. He was appointed as a Chairman of the Industrial Court on 15 January 2004. Thus even though the respondent had been admitted and enrolled as an advocate and solicitor for eight years and one month at the date of his appointment he was in practice for only four years nine months and 22 days at that time. The critical issue for consideration in this case is whether the relevant period necessary to satisfy the requirements of s. 23A(1) of the Industrial Relations Act 1967 ("s. 23A(1)") is the eight years and one month during which the respondent had been admitted and enrolled as an advocate and solicitor or the four years nine months and 22 days when he was in legal practice.

[2] This action was commenced by the appellant in the High Court challenging the appointment of the respondent as a Chairman of the Industrial Court on the ground that he did not satisfy the requirements of s. 23A(1). The section reads as follows:

A person is qualifi