The “Relative Capacity” Principle and Its Vulnerabilities in Practice

The decision in Gibbons v Wright remains a cornerstone of Australian law on contractual capacity. The High Court rejected the notion that legal capacity is a fixed, binary state and instead articulated what has become known as the “relative capacity” principle. As explained by Owen Dixon, a person’s ability to enter into a legal transaction Read More …

The Quiet Threat to Competition Law and your Electricity Bill.

Every five minutes in Australia’s electricity market, prices are recalculated. Power generators submit bids. Supply and demand are matched. Increasingly, this process is shaped not just by human traders but by algorithms. In its 2021 article in the UNSW Law Journal, “Algorithmic Collusion and Australian Competition Law” explores how pricing software and artificial intelligence are Read More …

Upholding Judicial Independence ~ The Legacy of Kable in Australian Law

In the intricate landscape of Australian constitutional law, the principles established in the 1996 High Court case of Kable v Director of Public Prosecutions (NSW) stand as a cornerstone for safeguarding judicial independence within the states. An article from the Melbourne University Law Review sheds new light on these principles, exploring their ongoing relevance and Read More …

The continued practice of False Arrest & Depravation of Liberty

False arrest, or wrongful arrest, occurs when a person is taken into custody without probable cause or without following proper legal procedures. It happens when police lack reasonable grounds to suspect a person has committed an offence and can be a result of mistaken identity, a mere hunch, or an administrative error. In many jurisdictions, Read More …

Australia’s Phoney Sovereignty?

The Palace Letters and the 1975 Coup Australia’s High Court has ruled that the correspondence between Queen Elizabeth II and Governor-General Sir John Kerr is not the Queen’s private property but belongs to the public record. This decision unlocks the release of the so-called “Palace Letters” from 1975, the year Prime Minister Gough Whitlam was Read More …

Israel Interferes with Australian Free Speech.

Allegations of foreign interference have ignited across Australia’s independent media and public forums, following revelations that Israeli-linked lobbying groups were allegedly behind a campaign to pressure The Star Casino Gold Coast into cancelling the upcoming Free Speech Summit and Independent Media Awards, slated for July 19–20. The high-profile event organised by the Australian National Review Read More …

Betting Across Borders — Betfair Pty Limited v Western Australia

Betfair Pty Ltd v Western Australia (2008) was a significant case decided by the High Court of Australia that dealt with the interpretation of Section 92 of the Australian Constitution, which guarantees the freedom of interstate trade, commerce, and intercourse. In this case, Betfair, a company that operated an online betting exchange, challenged Western Australian Read More …

The Solemn League of Covenant of the People of the Commonwealth of Australia. The Call to Action!

The Solemn League and Covenant of the People of the Commonwealth of Australia (Parchment Edition) is a formal declaration rooted in historical covenants such as the Scottish National Covenant of 1638 and the Ulster Covenant of 1912. Drawing authority from the Commonwealth of Australia Constitution Act 1900 (Imp.), it asserts that sovereignty ultimately resides with Read More …