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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 …
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 …
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 …
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 …
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 …
Whether or not there was a general principle depending upon necessity or upon an implied mandate from the lawful Sovereign, which recognised the need to preserve law and order within territory controlled by a usurper, no such principle could override the legal right of the Parliament of the United Kingdom to make such laws as Read More …
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 …
Privy Council (Limitation of Appeals) Act 1968 was interpreted by the Privy Council in 1975, are the words “limiting” and “limitation” the contention that the word did not extend to authorise complete abolition of the right to seek special leave of appeal from the High Court and that the Act of 1968 did amount to Read More …
Appeal – Loan agreement and mortgage – Whether the loan agreement and mortgage were unjust under s 76 of the National Credit Code – Securitisation program where third party correspondent assess creditworthiness of borrowers – Third party correspondent fabricated financial details in the loan application – Lender has constructive knowledge of fraud – Lender failed Read More …
HIGH COURT OF AUSTRALIA NETTLE J FREDERICK CHETCUTI PLAINTIFF AND COMMONWEALTH OF AUSTRALIA DEFENDANT Chetcuti v Commonwealth of Australia [2020] HCA 42 Date of Hearing: 13 November 2020 Date of Judgment: 26 November 2020 M56/2020 ORDER There be judgment for the defendant. The plaintiff’s claim made by writ of summons Read More …