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Historians lay claim the Australia Act severed the last ties Australia had with the United Kingdom, but is this true? If Australia became a ‘sovereign independent nation’ as claimed by the Australia Act in 1986, why in 1999 was there a referendum to remove the Queen and Governor General and replace them with a President Read More …
The Annotated Constitution ~ Quick & Garren Application of Colonial Boundaries Act. (58 and 59 Vic. c. 34.) After the passing of this Act the Colonial Boundaries Act, 1895 49, shall not apply to any colony which becomes a State of the Commonwealth; but the Commonwealth shall be taken to be a self governing colony Read More …
ANNOTATED CONSTITUTION OF THE AUSTRALIAN COMMONWEALTH. “Such Person as the Queen may Appoint.” These words refer to the appointment of an acting Governor-General or Administrator of the Government of the Commonwealth, appointed under commission by the Queen. This officer, when so appointed, is authorized to exercise all the powers and functions of Read More …
On the 27th of January the Governor General of Australia His Excellency General the Honourable David Hurley AC DSC (Retd) fled the Commonwealth of Australia after being served with an enquiry to the validity of his office pending. The Governor of Victoria has been appointed as Administrator by herself on January 27th 2022. Read More …
Section 51(xxxviii), “Matters Referred to the Parliament.” This sub-section evidently contemplates a class of subjects which have not been transferred to the Federal Parliament by the Constitution; which are still within the competence of the State Parliaments to deal with separately and independently, but as to which it may be Read More …
Unsatisfied with a judicial Decision or the decision of an Executive Officer? At common law, the availability and scope of judicial review is a consequence of the judicial remedy sought. These remedies are the prerogative writs of habeas corpus, quo warranto, mandamus, certiorari, and prohibition, as well as the equitable remedies of injunction Read More …
Introduction The Federal Court of Australia (the “Federal Court”) was created by the Federal Court of Australia Act 1976 (Cth) under the authority granted to Parliament by s 71 of Ch III of the Australian Constitution (the “Constitution”) to create federal courts other than the High Court of Australia. The Federal Court was once a Read More …
Lindell, one of the Attorney Generals law officers prepared the following document which evidences the knowledge in 1973 prior to the creation of the Royal Style and Titles Act 1973, that no enumerated head of power exists under the Constitution to create an alternate title for the Queen. . NAA: A5034, SRI973/2001 Attorney-General’s Department, Canberra, Read More …
In a recent Constitution Watch post we correspond with the Federal Court, cc’ing in various Serbian Consulates, Parliaments and Embassies informing the Court of their jurisdictional errors in the Djokovic case debacle, we present for you the reply and further response. https://constitutionwatch.com.au/notice-to-the-federal-court-of-jurisdictional-error-in-the-matter-of-djokovic-v-minister-of-immigration-citizen-migrant-services-and-multicultural-affairs-mlg116-2022/ Veliki Pozdrav, Greetings Victorian Registry of the Federal Court Australia, . . Thank Read More …
In an open society, a nation’s legal system, and its judiciary, will always be exposed to international influences. Even when unrecognised, or unacknowledged, they will be reflected in the substantive and adjectival law applied by judges, in the structure and status of the judiciary, and in its relationship with the other branches of government. The Read More …