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, …

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Slaveski v Victoria: police powers

The marathon case of Slaveski v Victoria [2010] VSC 441 ran for several months longer than planned, and covered a lot of ground over 115 days.Mr Slaveski was originally self-represented, and then represented by his wife who was appointed as a litigation guardian. Self-represented litigants (and other lay people) present particular problems for courts balancing …

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Legislation Watch: Random stop and search

The Summary Offences and Control of Weapons Acts Amendment Bill 2009 had a trouble-free passage through parliament.On 10 November it had its First Reading in the lower house. Its Second Reading was moved two days later and was completed by the 26 November. It was introduced to the Legislative Council that same day, and was …

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Statutory right of privacy?

Barrister Peter A Clarke blogs at Illegitimi non carborundum (which roughly translates as 'don't let the bastards wear you down').His latest post raises the prospect of Australian law creating an enforceable right of privacy.I mentioned a few weeks ago that Australian law has so far been reluctant to embrace a tort of privacy.The Victoria Law …

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UK police told: delete protesters’ photographs

The Times reports that last Thursday the English Court of Appeal ordered the Metropolitan Police to delete photographs of peaceful protesters demonstrating against the arms trade.(The case is Wood v Commissioner of Police for the Metropolis [2009] EWCA Civ 414.)The Times reports the Court's order was stayed for a month to allow the police the …

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