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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 …
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 …
STATUTE OF WESTMINSTER ADOPTION BILL 1937 Second Reading Mr MENZIES: AttorneyGeneral · Kooyong · UAP – I move – That the bill now read a second time. This measure provides for the adoption of sections 2, 3, 4, 5 and 6 of the Statute of Westminster 1931. It is desirable that I should refer, as Read More …
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 …
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 …
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 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 …
Prior to 1953 the Monarch’s role in the British Empire was ‘indivisible’ meaning there was but one Monarch over all of the British realms (Australia, New Zealand, Canada etc). Since that time in 1952, the British realms at an economical conference in London decided to divide the Monarch’s Crown into localised Crowns, (Queen of Australia, Read More …
On 20 April 2020, an FOI request was submitted to the Department of Home Affairs under the Freedom of Information Act 1982 (FOI Act). The applicant sought access to documentation showing that Minister Peter Dutton made and subscribed to the Oath or Affirmation of Allegiance as required by Section 42 of the Australian Constitution. The Read More …
The Kable principle holds that a state legislature cannot enact laws that undermine or erode the integrity or independence of the judiciary. This principle stems from the Australian Constitution and the separation of powers doctrine, which requires that the powers of the legislature, executive, and judiciary remain distinct to ensure a fair and balanced system Read More …