meters by 24 meters at its widest point. The parties involved (Mr and Mrs Yeates & Ms Line and Mr Field) met on site over the Easter 2011 weekend‚ without legal representation‚ and walked the land to agree the position of a boundary fence. The High Court decided that the parties’ agreement had settled who owned the land on each side of the fence and‚ as a result‚ that land belonging to one of the neighbours should‚ in future‚ belong to the other. Key Issue: Was the agreement void because it had
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administrative agency. 11.2 Judicial Review of Substantive Powers It was seen in Chapter 1 that the High Court sets the limits of statutory substantive powers on any occasion when uncertainty about those limits has given rise to litigation. Through its inherent power to review the legality of administrative action‚ the High Court is able to ascertain whether an administrative agency or inferior court has exceeded or abused the legal limits of the substantive powers governing its functions. Any excess
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Criminal Courts And Lay People Criminal trials take place in either the magistrates’ courts or the crown courts. Summary offences: These are the least serious offences and are heard in the magistrates’ court. They include assault‚ battery‚ most driving offences such as driving without insurance and minor criminal damage up to the value of £5.000 Either-way offences: These are middle of the range offences such as theft or ABH and can be tried in the magistrates’ court by a magistrate or in the
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socioeconomic area‚ near an expanding airport. The owner of the airport‚ Air Link‚ wants to grow its business and the Kerrigan family home amongst others is in the way of the development. Daryl Kerrigan‚ his family and friends‚ mount a high profile‚ engaging in a high court battle in a successful attempt to protect the homes of his family and friends. This David and Goliath’ battle highlights the Australian attitudes in relation to family and the family home. The concept of the family home as more than
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COMMISSION V STODDART1 I INTRODUCTION The High Court of Australia held in Australian Crime Commission v Stoddart (2011) that a privilege against spousal incrimination does not exist at common law. This provides that a spouse sworn in as a witness loses the right to call on the privilege to refuse to answer a question at the risk of incriminating the other spouse. This case note will outline the key issues of the case‚ analyze both the High Court majority and dissenting judgments‚ and comment
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The drug court is a unique effort that uses the occasion of a drug offence arrest as an intervention opportunity for drug offenders even though historical problems in criminal justice diversion and referral programs the Dade County success rates have shown that these problems can be overcome through unique collaborative relationships‚ innovative treatment design‚ and the elimination of conventional gaps in the referral- treatment-monitoring process. It is the purpose of this paper to explore the
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The amendments to CLA made by the Amendment Act No: 602 came into force on 1st October 1984. Sixteen years have passed and numerous judicial decisions have been made on the interpretation of these sections by Judges of High Court‚ Supreme Court and now Court of Appeal and Federal Court. 2. The question one often asks or is often confronted with is that‚ are these laws and their interpretations and applications fair to all concerned‚ in particular to the dependants whose bread winner has been killed
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1. Which court did you attend and what was the date of your attendance? (e.g. Magistrates Court in Brisbane; Supreme Court in Sydney etc) 2. What kind of hearing did you attend?(e.g. sentence‚ summary trial‚ committal hearing‚ jury trial‚ mention‚ call-over etc.) I attended an appeal against sentence. This is when the accused feels the sentence they were given is too severe‚ in which case a request is put forth to a higher court for the review and rehearing of evidence to change the decision
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On November 16‚ 2012‚ I observed a court hearing of 14 cases. Some of these cases dealt with people who committed crimes such as aggravated assault‚ Acc involving Death/ Injury‚ Terroristic threats‚ Retail theft‚ conspiracy theft‚ Resist Arrest/Other Law Enforce and Knowing/ in Mftr/Dist of Design Drug. For the case of Comm. V. Helen Cole was a Retail Theft crime. The defendant Helen Cole was at Sears and stole items such as clothes at the store. She was ordered not to go to the Sears again and
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By Paul McKay (87/100 – High Distinction) Abstract During the 1980’s some High Court judges suggested that the external affairs power[3] includes a power to legislate on matters of ‘international concern’. This paper will trace the development of the ‘international concern’ doctrine. The paper will show that the doctrine was briefly elevated to a principle in Koowarta‚[4] however this principle was restated by subsequent decisions‚ and that no High Court has decided a case on this
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