HIGH COURT ~ “Parliament could not pass a law requiring citizens to submit to Vaccination”

    Attorney-General (Vic); Ex rel Dale v Commonwealth (“Pharmaceutical Benefits case”) [1945] HCA 30; (1945) 71 CLR 237 (19 November 1945)   HIGH COURT OF AUSTRALIA I illustrate the position as I understand it by taking public health legislation as an example. Under s. 51 (ix.) the Commonwealth Parliament has power to make laws with respect Read More …

Cooper v Commissioner of Income Tax (Qld) [1907] HCA 27; (1907) 4 CLR 1304 (28 June 1907)

BARTON J. The legislation of a body created by and acting under a written charter or constitution is valid only so far as it conforms to the authority conferred by that instrument of government. Therefore attempted legislation, merely at variance with the charter or constitution, cannot be held an effective law on the ground that the authority conferred by that instrument includes a power to alter or to repeal any part of it, if the Read More …

An Overview of Enforcing Foreign Judgments in Australia

Foreign judgments may be enforced in Australia under the Foreign Judgments Act 1991 or, if that Act does not apply, pursuant to common law principles. Registration and enforcement pursuant to the Foreign Judgments Act 1991 The Foreign Judgments Act 1991 provides a regime for the registration and enforcement of judgments obtained in a superior court Read More …