You may not write to the parent of an Australian serviceman, who lost his life in the service of his country, and compare him to a pig and dirty animal. You may not call him a a murderer of civilians, and Adolph Hitler not inferior to him in moral merit. You may not refer to …
Tag: constitution
Reserve judgment
The Courts Legislation Amendment (Reserve Judicial Officers) Bill 2012 will abolish the offices of acting judges and acting magistrates and create the offices of reserve judge and reserve magistrate. The bill was introduced to Parliament on Wednesday.The Introductory Print is here and the Explanatory Memorandum here.On my reading of it, these reforms are unlikely to …
Vehicle forfeiture provisions invalid?
The new-ish Chief Justice of South Australia recently delivered an interesting judgment about the SA vehicle forfeiture provisions, Bell v Police [2012] SASC 188. Because of the similarities with Victorian legislation, the case is bound to receive consideration here.In short, Kourakis CJ considered those provisions — found in the Criminal Law (Clamping, Impounding and Forfeiture …
Hogan v Hinch [2011] HCA 4: Hinch’s High Court bid fails
While the High Court continues to mull over its decision in Momcilovic (transcripts available here, here and here) the justices have handed down another judgment (peripherally, at least) touching on Charter issues. Despite some big issues being raised in argument, Hogan v Hinch is a case where the leading authorities on each point were applied, …
Continue reading Hogan v Hinch [2011] HCA 4: Hinch’s High Court bid fails
Hogan v Hinch [2011] HCA 4: Hinch's High Court bid fails
While the High Court continues to mull over its decision in Momcilovic (transcripts available here, here and here) the justices have handed down another judgment (peripherally, at least) touching on Charter issues. Despite some big issues being raised in argument, Hogan v Hinch is a case where the leading authorities on each point were applied, …
Continue reading Hogan v Hinch [2011] HCA 4: Hinch's High Court bid fails