Lawful Obligation In Australia

Although legal formalism is a 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 justified as it demonstrates judicial creativity can be employed when legal formality and procedural legality have not been met.

There are three elements that must be present for an act or omission to be negligent; (1) The defendant owed a duty of care towards the plaintiff; (2) The defendant breached the duty of care by an act or omission; (3) The plaintiff must suffer damage as a result - be it physical, emotional or financial. The court might decide that Freddy (the plaintiff) was owed a duty of care by Elvis (the defendant) if they find that what happened to Freddy was in the realm of reasonable forseeability - any harm that could be caused to a 'neighbour' by Elvis' actions that he could reasonably have expected to happen. The 'neighbour principle' was established in the case of Donoghue v. Stevenson (1932).

Currently, human rights in Australia are protected in different ways. Unlike most other similar liberal democracies, Australia has no Bill of Rights to protect human rights in one single document. Instead, some rights can be found in the Constitution, our common law and legislation which includes acts passed by the Commonwealth Parliament or State or Territory Parliaments.

Customary laws are the traditional common rules or practices that have been passed down through generations and have become a native part of the expected conduct in a community.

Family Law is a diverse and specialised branch of law, being both emotional and complex. However, despite this family law is relatively effective in achieving ‘just and fair’ outcomes for couples and status for children, yet ineffective in ‘resolving disputes’ over children and domestic violence issues.

The Plaintiff is claiming $35 million from the State of NSW, which is purported to be vicariously liable for the Land and Environment Court and Pain J [1]. This claim includes nullifying Pain J’s judgment [14], and it is accompanied by Motions to uphold Lloyd J’s dismissal and refund the Plaintiff’s filing fees [2].

Society’s opinions are constantly, and rapidly changing, and consequently this poses significant challenges to the family law system in Australia. A family is a social unit containing individuals related by blood, marriage or other legally recognised relationships. Family law reforms have been implemented over the past three decades, entailing the recognition of same sex couples. Furthermore, a statutory presumption of shared parenting – as instigated by society’s transitioning values – displays the changing nature of parental responsibility. Not only are society’s views progressing, but surrogacy and birth technologies are

Through the progression of history the need for the principles articulated in Engineers’ Case was both necessary and appropriate. Callinan J in Workchoices’ Case made

Domestic violence is a growing concern in Australia. Police handled more than 3,000 domestic violence matters in just one suburb of Brisbane in the past 12 months and for the whole of Queensland, handled another 25,000 matters.

HOW DOES THE ADVERSARY LEGAL SYSTEM ENSURE RULE OF LAW, AND HOW DOES THIS DIFFER FROM MODERN MEDIA MISCONCEPTIONS?

Juries made up of everyday novices are the most relied upon people in the district and supreme courts when it comes to a criminal trial. Ultimately, 12 people will decide the fate of a defendant and either see them walk free or be incarcerated. What happens if they get it wrong? Although a wrongful convictions are unlikely in Australia they are usually down to police corruption, misreported evidence or a jury’s misinterpretation of the case. Untrained, average citizens are making massive decisions with barely any idea if they have followed the law or not. Personal feelings or experiences can affect the interpretation of the evidence. Also with a state like South Australia with smaller jury regions, the likely hood of know someone connected

Due to negative aspects that were presented in cases such as the Corey Davis case, the effectiveness of the Australian Legal System in accomplishing justice began to be viewed to demonstrate flaws in certain occasions by the Australian public. The Australian legal system aims to achieve equality and fairness towards the citizens of Australia to avoid anarchy within the nation. This is accomplished by set rules and laws that are created by the government. However, if these rules and laws are to be broken by an individual or a group of people living within the borders of the country, they may face legal consequences that include getting a fine, imprisonment, a life sentence or in some occurrences, a combination of these forms of punishment. In the Corey Davis case, an eleven year old boy that is identified as ‘W’ is sent to trial for committing an offence towards a six year old boy. An outline of the events in the Corey Davis case will be further explored as well as the involvement of the police, the conduct of the court system throughout the investigation of the case and its influence in achieving justice, and a summary of the trial. Furthermore, the debate about the current age limit for doli incapax and whether it is appropriate for modern society will be discussed as the Corey Davis case raised arguments about this topic. The Australian legal system aims to achieve justice, however certain instances such as the Corey Davis case have proved that it may occasionally

Since the early 1990s, Australian judicial system has experienced a great flux revolving around the notion of good faith in the performance the enforcement of contracts. The leading case Renard Construction (ME) Pty Ltd v Minister for Public Works (Renard) along with Preistly JA’s judgment commenced the controversial introduction of universal obligation of good faith in all contracts. Such introduction was also confronted by the opposing force of the more conservative judgments, such as those of Meagher JA in Renard and Gummow J in Service Station Association v Berg Bennett & Associates Pty Ltd . In order to correctly assess the extent to which the High Court of Australia should recognize that in all contracts, parties

Court orders received for processing regarding special driving privileges can be written incorrectly or not clearly. Special driving privileges can be processed incorrectly on a customer’s record in STARS.

When it comes to large sums of money, it is not uncommon for the spender to feel they have been ripped off or become over protected. The practice of law is no exception to this phenomenon, and crocked lawyers and paralegals have negatively contributed to the notion. On several occasions law professionals have taken client money for personal use, acting against the law and rules of professional conduct. Although lawyers and paralegals have their own individual rules and guidelines to abide by, they follow the same professional structure of proper conduct. The rules of conduct for paralegals is governed by the Law Society of Upper Canada and is the governing body responsible for reports of misconduct. Further investigations will lay out the proper procedures and tasks that must be completed when a paralegal encounters an accusations of misconduct, specifically when a client accuses a paralegal of misappropriating money from the clients trust fund. When it comes to possible options it is important to remember that by proactively sending a report of the circumstance to the Law Society of Upper Canada with a detailed list of events, bookkeeping and accounts billed to the client will help your case prior to the client reporting you to the Law Society. Should a paralegal choose to ignore the threat of the client, in hopes that the client will not follow through with higher involvement, the paralegal will then face an audit by the Law Society. If the Law Society is apprised that the