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MURPHY J. ANALYSIS OF THE COMMAND IN S. 92. 11. Meaning of “Trade and Commerce…Among the States”. There has been a tendency to narrow the meaning of the phrase, “trade and commerce” in order to lessen the destructive effects of interpreting s. 92 so that it applies to other than fiscal charges. “…Among the States” has been treated as simply Read More …
R v Barger [1908] HCA 43; (1908) 6 CLR 41 (26 June 1908) HIGH COURT OF AUSTRALIA Isaacs J. And in Morgan’s Steamship Co. v. Lousiana[62], Miller J. said:—”It has been repeatedly held that when the question is raised whether the State Statute is a just exercise of State power, or is intended by roundabout means to invade the domain Read More …
PJ Dunning QC (Clive Palmer and his companies legal representation), in Palmer v Western Australia led the High Court to believe that he was challenging the validity of the Act “The Emergency Management Act” W.A. 2005 for contravention of section 92 of the Constitution. Section 92 of the constitution like all of our constitutional guarantees Read More …
10 High Court Cases COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 92 Trade within the Commonwealth to be free On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free. But notwithstanding anything in this Constitution, Read More …
Under the doctrine of informed consent, a doctor cannot perform a medical operation unless he has the consent of the patient. Otherwise, he can be held liable for battery. This requirement can be waived in cases of emergency under specific circumstances: 1) the patient must be unconscious or unable to make a decision. 2) time Read More …
The DPP v Kaba appeal in the Supreme Court overturns magistrate Duncan Reynolds’ 2013 ruling that police do not have an “unfettered” right to randomly stop and check vehicles. Judge Bell, in the Victorian Supreme Court quashed the decision of Magistrate Reynolds ruling that he committed an error of law when he decided in June last year, Read More …
A ruling from the Weimar District Court on the imposition of face mask wearing in schools in the district provided the following outcome. The compulsion imposed on school children to wear masks and to keep their distance from each other and from third persons harms children physically, psychologically, pedagogically and in their psychosocial development, Read More …
The High Court has spoken on the subject of forced/mandatory vaccination. In 1945 the Court provided the following on the subject matter of vaccination & immunisation? The Answer quite clearly from the High Court of Australia is NO. Attorney-General (Vic); Ex rel Dale v Commonwealth (“Pharmaceutical Benefits case”) (1945) HCA 30; Read More …
Blackburn v Attorney-General [1971] 2 All ER 1380 LORD DENNING MR: In this case Mr Blackburn – as he has done before – has shown eternal vigilance in support of the law. This time he is concerned about the application of Her Majesty’s government to join the Common Market and to sign the Treaty of Read More …
