by RuleofLawInstitutePerson | Jul 20, 2019 | Case Notes, Constitution, Education
Implied Freedom of Political Communication The Australian Constitution (“the Constitution”) does not explicitly mention the phrase “freedom of speech” anywhere, however the High Court in Nationwide News Pty Ltd v Wills (1992) 177 CLR 1 and Australian Capital...
by RuleofLawInstitutePerson | Jan 28, 2019 | Case Notes, Crime
Changes to the right to silence and pre-trial disclosure Access to Justice, Legal Aid and Self-Represented Litigants High Court finds against wide questioning powers given to Australian Crime Commission Legal Responses to Criminal Organisations 2013 NSW Crime...
by RuleofLawInstitutePerson | Sep 12, 2016 | All Posts, Case Notes, Constitution, Education
Case Note: Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 The High Court’s judgment in the landmark case of Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 marked an important extension of a particularly Australian concept of the...
by RuleofLawInstitutePerson | Jul 18, 2016 | All Posts, Case Notes
Case Note: Bayley v The Queen [2016] VSCA 160 Access to Justice: For those who commit horrible crimes Adrian Bayley, the Victorian serial offender who plead guilty in 2013 of journalist Jill Meagher’s rape and murder, had another rape conviction overturned by...
by RuleofLawInstitutePerson | Mar 9, 2016 | All Posts, Case Notes, Constitution
The Communist Party Case The High Court’s decision in Australian Communist Party v Commonwealth (1951) 83 CLR 1 is recognised as one of the Court’s most important decisions, and a resounding reaffirmation of the rule of law, and judicial review of...
by RuleofLawInstitutePerson | Mar 2, 2016 | All Posts, Case Notes, Constitution, Education
Boilermakers Case and the Separation of Powers It is over 60 years since the High Court’s decision in R v Kirby; Ex parte Boilermakers’ Society of Australia (1956) 94 CLR 254. This decision, handed down on 2 March 1956, was an important statement of the...
