If you can see through the illusion, you are part of the solution
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A proposed amendment to New South Wales public health legislation has reignited debate over Australia’s childhood vaccination policies, with Libertarian MLC John Ruddick preparing to introduce a Bill aimed at dismantling the state’s “No Jab, No Play” framework. The legislation would seek to overturn rules that prevent unvaccinated children from attending childcare services, a policy Read More …
In a courtroom in Canberra, the most important legal battles in Australia are not always the ones that are heard, but the ones that are never allowed in. The High Court of Australia sits at the peak of the nation’s legal system, delivering decisions that shape everything from constitutional boundaries to everyday rights. But as Read More …
In a nation often described as politically stable and constitutionally conservative, a profound shift has taken place, one not marked by revolution or sweeping declarations, but by legal reasoning, referenda, and the gradual development of democratic practice. At the heart of it lies a deceptively simple question: who truly holds sovereign power in Australia? For Read More …
The decision in Gibbons v Wright remains a cornerstone of Australian law on contractual capacity. The High Court rejected the notion that legal capacity is a fixed, binary state and instead articulated what has become known as the “relative capacity” principle. As explained by Owen Dixon, a person’s ability to enter into a legal transaction Read More …
A review by the New South Wales Ombudsman has highlighted an important but often overlooked obligation of police officers: when exercising certain powers under the Law Enforcement (Powers and Responsibilities) Act 2002 (LEPRA), officers are legally required to provide their name and place of duty. The Ombudsman report below, “Did police provide their name and Read More …
Every five minutes in Australia’s electricity market, prices are recalculated. Power generators submit bids. Supply and demand are matched. Increasingly, this process is shaped not just by human traders but by algorithms. In its 2021 article in the UNSW Law Journal, “Algorithmic Collusion and Australian Competition Law” explores how pricing software and artificial intelligence are Read More …
Breaking News! The Federal Court today struck down the six month police search powers should be a wake up call, not just for police, but for the politicians who enabled them. The Parliament of Victoria, in enacting laws that allowed such sweeping powers, crossed a line from governance into human rights abuse. The Read More …
Constitution Watch has received many enquiries about the reservation of Bills. This little known process is often misunderstood, leading to guesswork. Below, we examine the reservation process in sections 58 and 60 of the Commonwealth of Australia Constitution Act 1900. Section 58 above provides the mechanism of Royal Assent, the Governor General when Read More …
The modern law of judicial review has spent decades insisting on a simple proposition: certiorari and appeal perform different constitutional functions. Yet applications continue to fail because that distinction is overlooked or deliberately blurred by litigants seeking a more favourable pathway to relief. Since Craig v South Australia, the High Court has drawn a firm line Read More …
This story is dedicated to the People of Norfolk Island in their struggle of Self Determination against outside forces. On 1 January 2026, the people of Norfolk Island exercised what they assert is their inherent right to responsible government, marking a significant moment in a long and contested political struggle. For many islanders, this election Read More …