If you can see through the illusion, you are part of the solution
Why are Model Litigant Rules Important? In litigation there can be a substantial imbalance of power with the government. Government bodies may have access to substantial resources, powers to investigate and compel people to provide information, and more experience and specialist expertise in dealing with complex and contentious legal matters. If you can spare Read More …
Laws that have a significant impact on rights and liberties, and laws creating offences with high penalties, should usually be in primary, not delegated, legislation. More generally, wide and vague delegations of legislative power undermine the separation of powers doctrine by allowing those who enforce the law to also make the law. If Read More …
State or Federal? The high court has found that state entities may be corporations and fall under federal legislation The High Court in the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail has found that QR was a trading corporation for the purposes of section Read More …
Is it a constitutional corporation? Which tests to use: Activities test as per Adamson Case 1979, unless it has not begun or barely begun its business then look to the purpose test (State Superannuation Board, 1982). (*Note if the corp has only existed for small amount of time probably discuss both, also always only look Read More …
Former judges and legal support services have expressed their dismay at the “devastating” passage of legislation that will see the Family Court combined with the Federal Circuit Court, with claims survivors of domestic violence could end up “falling through the cracks”. Key points: The Government has passed legislation to merge the Family Court into Read More …
This Code applies to all tenancies that are suffering financial stress or hardship as a result of the COVID-19 pandemic as defined by their eligibility for the Commonwealth Government’s JobKeeper programme, with an annual turnover of up to $50 million. 7 pages. If you can spare a few dollars for the creators of Read More …
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Does anything exist allowing the Australian government, the State Governments, the Crown, local government or any of their agents, delegates or subordinates from strict compliance to the Vienna Treaty or the International Covenant on Civil and Political Rights in respect of failing to give proper consideration to those treaties? 4 pages. If you can Read More …
An Act to approve of Ratification by Australia of the Convention on the Prevention and Punishment of the Crime of Genocide, and for other purposes. 4. Approval is hereby given to the depositing with the Secretary- General of the United Nations of an instrument of ratification of the Genocide Convention by Australia. 5. Approval is Read More …
The article analyses legal materials concerning the legal personality of the Commonwealth of Australia under domestic law. It argues that the Commonwealth as legal person has an existence, as a unit of the legal system, which is conceptually distinct from the Commonwealth of Australia as a nation, and the Commonwealth as federal government of that Read More …