Sydney Law Review

SydneyLawReview33 (pdf)

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In 1920 a unanimous High Court held that ‘[w]here a thing is declared illegal, whatever may be the object of the prohibition, the thing declared illegal is of no force or validity, and everything dependent on that thing…shares the fate of the thing prohibited’.1 That holding invoked the ‘void ab initio’ doctrine in relation … Read article

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Quo Warranto

Quo Warranto

From Black’s Law Dictionary 2nd edition online.

“In old English practice. A writ, in the nature of a writ of right for the king, against him who claimed or usurped any office, franchise, or liberty; to inquire by what authority he supported his claim, in order to determine the right It lay also in case of non-user, or long neglect … Read article

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Tort law – outline

https://en.wikipedia.org/wiki/Outline_of_tort_law

Types of torts

Torts against the person

Torts (trespass) against the person – category of torts that describes a civil wrong that causes physical harm to the complainant:

  • Assault (tort) – intentionally and voluntarily causing the reasonable apprehension of an immediate harmful or offensive contact.
  • Battery (tort) – Bringing about an unconsentful harmful or offensive contact with a person
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Tort of trespass

https://en.wikipedia.org/wiki/Trespass

Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land.

Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, mayhem (or maiming), and false imprisonment.[1] Through the evolution of the common law in various jurisdictions, and the codification … Read article

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Tort of deceit

https://en.wikipedia.org/wiki/Tort_of_deceit

The tort of deceit is a type of legal injury that occurs when a person intentionally and knowingly deceives another person into an action that damages them. Specifically, deceit requires that the tortfeasor

  • makes a factual representation,
  • knowing that it is false, or reckless or indifferent about its veracity,
  • intending that another person relies on it,
  • who then acts
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Criminal Code Act 1899 (current)

Full Act from Queensland legislation website https://www.legislation.qld.gov.au/view/whole/html/inforce/current/act-1899-009

or s45 from Austlii http://www5.austlii.edu.au/au/legis/qld/consol_act/cc189994/s45.html

Part 2 Offences against public order

Chapter 7 Sedition

45 Innocent intentions

It is lawful for any person—

(a) to endeavour in good faith to show that the Sovereign has been mistaken in any of Her counsels; or

(b) to point out in good faith errors or defects

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ATO FOI on local “government” 2005/337

Currently still available from the ATO website.

CG21_ATO_ID_2005_337_Legal_database_Council_not_an_associate_of (pdf)

Please take note of all instances of “local government” and “Local government”, and any other references where “Government” has a capital “G” – they are referring to actual Government entities, not “governing bodies” that are not Government. This is consistent with all of the “Local Government Acts”, all instances of Read article

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International Covenant on Civil and Political Rights

International Covenant on Civil and Political Rights
Adopted 1966
Australia Signature: 1972, Ratification/Accession: 1980

https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights

PART I

Article 1

1. All peoples have the right of self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.

2. All peoples may, for their own ends, freely dispose of their natural … Read article

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Crimes Act 1914 s13

Crimes Act 1914

https://www.legislation.gov.au/Details/C2023C00279

13  Institution of proceedings in respect of offences

                   Unless the contrary intention appears in the Act or regulation creating the offence, any person may:

                     (a)  institute proceedings for the commitment for trial of any person in respect of any indictable offence against the law of the Commonwealth; or

                     (b)  institute proceedings for the summary conviction of Read article

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Vienna Convention on the Law of Treaties 1969

Vienna_Treaties1_1_1969 (pdf)
https://legal.un.org/avl/ha/vclt/vclt.html (UN URL)

Article 26
“Pacta sunt servanda”
Every treaty in force is binding upon the parties to it and must be performed by them in good faith.

Article 27
Internal law and observance of treaties
A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule … Read article

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Acts and Ordinances of the Interregnum, 1642-1660

https://www.british-history.ac.uk/no-series/acts-ordinances-interregnum (URL, British history online)

From the introduction:

A student of English legislation who limited his work to an examination of the volumes containing the Statutes of the Realm would entirely overlook one of the most interesting periods in the history of his subject. The Statute Book is a blank from the close of the 16th year of Charles I.

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Local Government Acts

We’ll add each state as it becomes available. The evidence of “Royal Assent”.

The documents ask, among other things:

  • can provide evidence that the “Local Government Act [year/your state]” was created by a Parliament of the Commonwealth under the Crown, showing evidence, copy of certified proclamation of Royal Commission of Assent, pursuant to the Constitution s58

Commonwealth of Australia Constitution Read article

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