by Paul Cutler | Oct 24, 2016 | Uncategorised
Victoria has recently had a major overhaul of its laws dealing with sexual offences. One of the purposes was to try and differentiate between more serious sexual offences (such as “flashing” which is now “sexual exposure”) and the less serious...
by Paul Cutler | Sep 30, 2016 | Uncategorised
In November 1932, the Commonwealth government received (and acceded to) a peculiar request for assistance from WA wheat farmers whose crops were being damaged by emus. A succinct summary is in the speech by Senator Sir George Pearce given on 18 November 1932 (see...
by Paul Cutler | Aug 24, 2016 | Uncategorised
Wilson v Department of Human Services – re Anna [2010] NSWSC 1489 was a particularly nasty case in the parens patriae jurisdiction of the NSW Supreme Court which has become better known for the comments of Palmer J about misplaced courtesy in court: 106 The second...
by Paul Cutler | Jun 30, 2016 | Uncategorised
It usually takes clear statutory words before a court will interpret legislation as taking away fundamental common law rights. This is known as the principle of legality which in Australia can be traced back to Potter v Minahan (1908) 7 CLR 277. Briefly: “When...
by Paul Cutler | May 25, 2016 | Uncategorised
The very act of being arrested is at least in part punitive. It involves being removed to a police station, being detained, searched, fingerprinted and questioned. It is not surprising that the common law position (which is also reflected in the Crimes Act) is that...
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