Freedom of Movement.

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

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 …

“Movement Between the States shall be Absolutely Free”

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 …

DPP v KABA

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 …

Weimar District Court Tests Masks in Schools.

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 …