Case studies Flashcards
How does the Fines Reform Act 2014, reform the legal system as it stood in 2013?
After the Fines Reform Act 2014 was passed in June 2014 and given Royal Assent in July 2014, it allows for a more streamlined infringement system, thus allowing for a more timely resolution to a dispute which involves fines.
How does the Magistrates Court in Melbourne, sitting on weekends effect the legal system?
Weekend sittings allow for Magistrates to grant or deny bail over the weekend which allows for a timely resolution of the dispute as the process is sped up at the pre-trial procedure phase and a fair and unbiased hearing as accused persons are given bail which allows for a presumption of innocence.
What parts of an effective legal system does the opening of the Melbourne Commercial Arbitration and Mediation Centre allow for?
All; F, A and T
What are the purposes of the Juries Directions Act 2015?
- To reduce the complexity of Jury Directions in criminal trials
- To simplify and clarify the issues that juries must determine in criminal trials
- To simplify and clarify the duties of the trial judge in giving jury directions in criminal trials
- To clarify that it is one of the duties of the legal practitioners appearing in criminal trials to assist the trial judge in deciding which directions juries should be given
- To assist the Trial Judge to give every jury directions in a manner that is clear, brief, simple and comprehensible as possible
- To provide for simplified directions in relation to specific issues
What are the facts of the brislan case?
High Court Case; R v Brislan (1935), S51(v) interpretation, Commonwealth Parliament had passed the Wireless Telegraphy Act (1905) > Needed a licence to own and operate a wireless set, Brislan was fined and appealed that the legislation was incompatible with the constitution as wireless devices were not a “like service”, HCA interpreted that it IS a like service and that the Act was constitutional
What was the effect of the brislan case?
The Cth gained more legislative power as the HCA allowed them to move into an area of law-making that was residual and then making it a concurrent power
What were the facts of the Tasmanian dams case?
Tasmania wanted to dam the Franklin River, Cth passed the World Heritage Properties Conservation Act, 1983 (Cth) which prohibited the construction of the dam, Tasmania took the Cth to the HCA over the matter, they decided 4:3 that it was valid that the Cth was able to stop the States from building dams on land to which was regulated in global treaties, S51(xxix) was consulted; External Affairs
What were the effects of the Tasmanian dams case?
Cth gained more power under the wording of “external affairs”
What are the facts of the Roach Case?
Roach was imprisoned for serious crimes (6 years), AEC Commisioner passed new laws stating that no one in prison can Vote in elections, Roach took the AEC to court over the fact that we have a right to a representative government as per the constitution and this denied those who are imprisoned the chance to vote. Roach won however, was still in jail and therefore unable to vote
