Activity 9v
Evaluation of the relationship between courts and parliament in law-making 1. Responses will vary. However, students must respond to the question and suggest whether or not they agree with it. It is likely that students will agree with the statement. Evidence should be provided to support the student’s argument. 2. The task word ‘analyse’ used […]
Activity 9u
Indigenous land agreements (McGlade Decision) 1. The Full Court of the Federal Court in February 2017 set a precedent that Indigenous land agreements (ILUAs) were invalid unless they were endorsed by every representative party to a native title claim over the affected area. 2. The federal Government introduced a bill to abrogate the legal principle […]
Activity 9t
Terra nullius revisited 1. The Meriam people claimed traditional ownership over the land they lived on, even though they had never paid for it and did not own the ‘Torrens Title’ to it. The Meriam people argued that Australian law should recognise their ownership because they had lived there as a people since before Australia […]
Activity 9s
Crackers or bread? 1. Lansell House Pty Ltd challenged the Australian Taxation Office (ATO) ruling because the ATO classified its product, the Mini Ciabatte, as crackers rather than breads. This meant the product was subject to the GST. 2. The GST legislation states that “food” items for human consumption are GST-free, except ifthey are one […]
Activity 9r
Defensive homicide reforms 1. Provocation was a defence in which the accused argued that the victim had provoked (for example, upset or angered) them and that this had caused the killing. Victorian Parliament abolished it as a defence for homicide as it was frequently used in cases where a man had killed his wife or […]
Activity 9q
Legislatition being invalidated by the courts Vickie Lee Roach challenged the validity of the Commonwealth’s Electoral Act, arguing that the provisions removing the ability to vote from prisoners were outside the Parliament’s power because it breached the principle of representative government in the Constitution. 2. The High Court found that the 2006 amendments taking the […]
Activity 9p
Evaluation of the courts’ ability to make law: the requirement for standing 1. There are a number of ways in which the requirement for standing affects the ability of parliament to make law including: therequirement that parties have a direct, personal interest that has been affected – for example, law will only be made or […]
Activity 9o
High Court challenge to anti bikie laws 1. Stefan Kuczborski challenged Queensland’s ‘Vicious Lawless Association Disestablishment’ (‘VLAD’) anti-bikie laws because he believed that if he committed an act in violation of the laws, he might be convicted and receive a mandatory sentence of 15 years in jail in addition to whatever normal sanction was handed […]
Activity 9n
Evaluation of the courts’ ability to make law: the costs and time in bringing a case to court 1. There are a number of ways in which the costs and time in bringing a case to court affects the ability of parliament to make law including: thedesirability of the ‘matter-based’ process – for example, ensuring […]
Activity 9m
In re The Judiciary Act 1903-1920 and In re The Navigation Act 1912-1920 (1921) HCA 20 1. The High Court was asked to rule on the validity of Part XII of the Judiciary Act 1903 (Cth), which was inserted in 1910 to give the Court the power to issue advisory opinions – in other words, […]