Analysis of Model Litigant Rules 2020

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 …

Delegating Legislative Power

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 …

Section 51(xx) CORPORATIONS POWER.

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 …

Family Court merger condemned by former judges and legal experts after legislation passed

  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 …

Human Rights Treaty ~ Freedom of Information.

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 …