Category: Case Law
Blackburn v Attorney-General [1971] 2 All ER 1380
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 …
“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 …
Are Vaccines “Unavoidable unsafe products?”
The U.S. Congress and Courts agree vaccines MUST be used for the safety of the population but have legislated and ruled vaccines as unavoidable unsafe products causing damage, injury and death. We compel you to invest the time to read the below Certiorari lodged into the United States Supreme Court of Appeal. It reveals the Read More …
Can police enter and leave your property as they please?
Imagine being woken up in the middle of the night by two people yelling at each other from inside your property. A NSW woman awoke at 2am to find her son and a stranger yelling in her garage. Her son told the man to leave, and when Mrs Ibbett arrived in the garage, she did 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 …
Aggrieved uplift to the Supreme Court of W.A.
There exists a mechanism to uplift a matter to the Supreme Court of Western Australia from the Magistrates court to an aggrieved litigant. MAGISTRATES COURT ACT 2004 – SECT 36 36 . Supreme Court’s powers to control Court (1) If a person is Read More …
Tasmania v Commonwealth [1904] HCA 11; (1904) 1 CLR 329 (8 June 1904)
An informative source on the High Court of Australia’s view of the construction of Acts, the Constitution, and how they are to be construed and interpreted. HIGH COURT OF AUSTRALIA State of Tasmania Plaintiff; and Commonwealth of Australia and State of Victoria Defendants. H C of A 8 June 1904 Read More …
Mobil Oil Australia Pty Ltd v Victoria [2002] HCA 27
The focus of attention in the argument of Mobil is not the defendant, but the group members. That inverts the usual principle as to the jurisdiction of a court, which is the capacity to exercise power over a defendant. In Laurie v Carroll9, Dixon CJ, Williams and Webb JJ quoted the statement of Viscount Haldane10 Read More …