Required Examples Flashcards
Recent Civil Reform
Greater Use of Technology
The Supreme Court provided information (via a practice note) regarding increased use of technology in civil proceedings. Parties can email the court, file documents online and conduct discovery online. Representative proceedings can now be live-streamed so all plaintiffs can see proceedings in their case.
Recent Criminal Reform
Change to appeals process
In 2019, the Justice Legislation Amendment (Criminal Appeals) Act 2019 (Vic) was passed to abolish de novo appeals of criminal cases to the County Court. The new procedure is intended to reduce the burden on witnesses and victims - such appeals will be determined based on transcripts of the evidence presented in the Magistrates’ Court.
De novo - from the beginning
Recommended Civil Reform
Removing Juries in civil disputes
The process of empanelling a jury, having judges give directions to the jury and the jury’s deliberations all add to the delay in the resolution of civil cases. Removing a jury removes these delays.
In the media in 2018 it has been reported some plaintiffs in defamation cases are avoiding the Victorian (and NSW) courts and initiating proceedings in the Federal Court, to avoid trial by jury
Recommended Criminal Reform
Increased funding for Legal Aid and CLC
- $390 Million Aus Wide
- Increased Demand for Legal Assistance
- Greater Access to Courts
- Recommended by the Justice Project
Section 7/24 Case
ACT v Commonwealth (Lange v ABC)
Restricted Commonwealth Law Making Powers
- Commonwealth passed legislation limiting political advertising during an election campaign, the validity of the law was challenged in the high court
- Court found that sections 7 and 24 of the constitution establish the principle of representative government
- This also requires voters to hear from parties and be free to discuss political issues to make informed choices in electing law makers
- Because of this, the high court implied a right to freedom of political communication within sections 7 and 24
- Court’s decision created a restriction on the Commonwealth law making powers, as the commonwealth can no longer create laws that hinder free political discussion
- Law was overturned
- Expanded in Lange v ABC
Lange v ABC
Freedom of political communication was expanded to be a permanent right, not just during elections
Passed Referendum
1967 Indigenous Rights Referendum
- Abolished section 127 of the Constitution (aboriginal natives shall not be included in census information)
- All 6 states voted in favour
- Almost 94% of individuals voted in favour
Amended Section 51(xxvi), allowing the commonwealth to make laws with respect to any race, including indigenous people
Failed Referendum
1999 Republic Referendum
- To alter the constitution to establish the Commonwealth of Australia as a republic, replacing the Queen and the Governor General with a President
- No state voted in favour of the referendum
No majority of the people either
Failed Referendum
1999 Republic Referendum
- To alter the constitution to establish the Commonwealth of Australia as a republic, replacing the Queen and the Governor General with a President
- No state voted in favour of the referendum
No majority of the people either
Case impacting Division of Law Making Powers
Victoria v Commonwealth (Roads case)
Expanding the Law Making powers of the Commonwealth
- Commonwealth passed legislation, making financial grants to the states, setting terms that related to building and maintaining roads
- Section 96 of the constitution states: the parliament may grant financial assistance to any State on such terms and conditions the parliament sees fit
- Victoria, NSW and SA sought declaration from the high court that the law was invalid, arguing
○ The commonwealth law was about road making (a residual power)
○ The commonwealth is not empowered to make such laws under the division of powers, stating that under section 96 “the Parliament cannot attach as conditions to its grant any conditions which amount in substance to the exercise of any legislative power which is not within sec. 51 of the Constitution”
- The high court decided the legislation was valid, stating that section 96 allows the commonwealth to make a grant of money to a state, including any conditions the commonwealth sees fit
- In theory states can reject the grant, although states are dependent on the commonwealth
Recent example of the VLRC
Contempt of Court Act (Reccomended 2020)
- Make laws regarding contempt more accessible
- Individuals, businesses and the courts more aware of what behavior is/isn’t acceptable
- Creates a clear maximum penalty (5 years)
Modernize language used regarding contempt of court
- Hasn’t been implemented
Example of How individuals can influence Law Reform
Petitions
Ban Plastic Bags
- 190,000 signed petition
- Resulted in Ban in both Western Australia and Victoria
One Parliamentary Committee
Parliamentary Joint Committee on Human Rights
- The Parliamentary Joint Committee on Human Rights was established in 2012. Its main function is to examine all bills and legislative instruments for compatibility with human rights, and to report to both Houses of Parliament on its findings
- Standing Committee (until next election)
Example of a different reason for Law Reform
Shift in community values
- Same Sex Marriage
