family provision claims are becoming more common in our society and are arguably undermining the testator’s use of their free will. The courts have implemented the use of mediation as a strategy to assist them in processing these applications. This effective and inexpensive mechanism is a compulsory step in some states before approaching the courts while in other states mediation is highly recommended but not compulsory. Through critical analysis of the law and its effect on family provision claims
(Respondents via subsidiaries including Pozzolanic) in the Federal Court of Australia in Brisbane. The ACCC alleged that four exclusive contracts related to the Respondents entering into contracts to acquire ‘flyash’ from four power stations in South East Queensland, between 2001 and 2006. Flyash is a by-product of burning black coal at electricity generating power stations, when of a suitable quality; flyash can be used as a cheap partial substitute for cement in ready-mix concrete. The ACCC alleged that
generation negative rights; they include the rights fundamental to political and legal freedoms. They include political freedoms such as freedom of speech and democratic voting rights as well as legal rights involving habeas corpus and equality before the law. Together these rights guarantee open democratic participation and protect individuals from the abuse of excessive power of the state and other larger groups. Throughout Australian history the recognition of Indigenous rights have been construed to
critical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, however
It is clear that there is an inherent gap that exists within the provisions of the Family Law Act 1975 (Cth), which can potentially leave parents and children (unborn or otherwise) open to risk and harm. This gap provides a distinctive inequality and imbalance in roles, ultimately giving all expecting women full control over pregnancy decisions. Within Queensland, there are no legal statutes that allow any man involved in a pregnancy to prevent or force an abortion from occurring (Children by Choice
Abortion in Queensland is the only medical procedure that is still considered a criminal offence in the Criminal Code Act 1999 (Qld). Since the abortion laws were introduced societies attitudes, safe medical practices and women’s status in Australian society have changed. As a result the current laws do not reflect modern day’s society’s view and does not effectively protect stakeholder’s rights. Abortion should be decriminalised and made legal up to 17 weeks. However abortion past 17 weeks can only
Discuss why Aboriginal deaths in custody happened and the importance of the Royal commission. In the late 20th century, Australia?s indigenous peoples were 29 times more likely to be put in jail than other Australians; 20 times more likely to be picked up by the police; less likely to receive bail or have legal representation in the court; and more likely to plead guilty. At the same time, indigenous peoples were less likely to be called up for jury duty than other Australians. The Aboriginal Legal
Australians SBS (1989).’ Malo’s Law is a strict law of a spirit which Murray Islanders had practiced for hundreds of years. The main law below as explained by Father Dave Passi, “Tag Mauki Mauki, Teter Mauki Mauki”, which translates to: “Your hand can’t take something that does not belong to you unless you have permission. Your feet cannot walk in, or through someone else’s land, unless there is permission. Father Dave Passi, First Australians SBS (2008)”. The Queensland Supreme Court Judge, Justice
and a process to address the conflict. Legal Issues In Queensland Health Policy (2012) it clearly states that, Health Care Practitioners by law must obtain consent from a person or an appropriate decision maker before touching, examining or providing any health care. Consent can be recognised in three forms: implied, verbal or written consent. However, in a healthcare setting and applicable to this case study, Dr Able was required by Queensland Health Policy, as the senior health practitioner, to
Consumer Law (‘ACL’) was implemented in two stages. The first stage came into operation on the 1st of July 2010 and it comprised national unfair contract terms provisions, and new civil pecuniary penalties, enforcement powers and consumer redress options for breaches of the Trade Practices Act (‘TPA’). The second stage of the reform provided that the new ACL would commence on the 1st of January 2011 and included the consumer guarantee reforms and a new standard consumer product safety law for consumer