“MAINS v REDDEN [2011] FamCAFC 184”

The “irreversibility” of a procedure is one characteristic, along with numerous other factors which the Court has weighed in deciding similar cases, which has assumed some significance in the jurisprudence with respect to “special medical procedures”, discussed above. Once a child has been immunised, the process itself is irreversible. It is also likely that the Read More …

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 …