If you can see through the illusion, you are part of the solution
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In the Halsbury’s Law of England Sedition has been defined as follows, “Sedition is a misdemeanour at common law consisting of acts done, words spoken and published, or writings capable of being a libel published, in each case with an intention i) to bring into hatred or to excite disaffection against , the queen or Read More …
An Act to enumerate the Consolidating Acts of the Legislature of Victoria passed in the year One thousand nine hundred and fifty-eight and to state the Effect of and Rules of Construction applicable to such Acts and to provide that certain Enactments of the Legislature of New South Wales and of the Legislature of Victoria Read More …
If the executive and legislative functions are concentrated on a single body, the citizens would be in fear of tyrannical rule by the government through arbitrary misuse of powers. Without the doctrine of separation of powers, the country’s liberty shall be at stake as there will be risks of it being ruled in a bureaucratic Read More …
Part 2 — Fundamental duties of practitioners Paramount duty to court and administration of justice A practitioner’s duty to the court and the administration of justice is paramount and prevails to the extent of inconsistency with any other duty, including but not limited to a duty owed to a client of the practitioner. Read More …
The concept of Doctrine of Identification finds its roots in the English Law. The growth of this doctrine has helped in the implication and prosecution of the criminal activities of directors / managers of many companies. The corporate personality of a company is different and separate from the promoters, directors or owners of the company. Read More …
The House of Lords in the Sussex Peerage Case12 in which Tindal LCJ said: The only rule for the construction of Acts of Parliament is, that they should be construed according to the intent of the Parliament which passed the Act. If the words of the Statute are in themselves precise and unambiguous, then no more can be necessary Read More …
In his chapter in Historical Foundations of Australian Law, Mr J.S. Emmett similarly observes that: “There was no notion in the 13th century that statutes needed to come from two houses of Parliament. Rather, there was a range of different statutory instruments by which the King might give law, including charters (by which the King Read More …
There are two ways successful UK litigants can have their judgments recognised in Australia Enforcing judgments abroad can be a complex and costly exercise. Fortunately, successful UK litigants can generally have their judgments recognised in Australia without having to relitigate their case. Once a UK judgment has been recognised the judgment creditor can avail Read More …
Legislation is the predominant source of law applied by judges in the common law world today. This is because, even though the doctrine of precedent allows for the development of law by judges through cases, most areas of law are now set down in statutes, and cases primarily concerning their interpretation. Accordingly, advanced skills in Read More …
Is it possible to break a law that has not yet been made? In Australia the answer is yes. Both State and Federal Parliaments have the power to create retrospective legislation: laws that are madeex post facto– after the fact – so that they apply to events in the past. This power sits uneasily Read More …