Courts

Coe v Commonwealth (1979) 53 ALJR 403; 24 ALR 118

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1979/68.html
See also A Matter of Precedent

On this page: Revised Statement of Claim

Formal Details

Full case name: Coe v The Commonwealth of Australia and the Government of the United Kingdom of Great Britain and Northern Ireland. Heard in Sydney, 24 October 1978. Decided 5 April 1979. Bench: Gibbs, Jacobs, Murphy, and Aickin JJ, four justices only, not … Read article

Posted by Jillian in Case law, Courts, General Information

The Griffith Code

Ex parvis magna — great things grow from small beginnings: apt for a code that began as one judge’s review of a fragmented body of law.

The Griffith Code: Origins and Application Across Australia

A Judge’s Solution to Scattered Law

In 1893, Sir Samuel Walker Griffith was appointed Chief Justice of Queensland, having already served twice as the colony’s Premier … Read article

Posted by Jillian in Courts, General Information

Holding Legal Professionals to Standard

Commonwealth and Other Key Legislation Holding Legal Professionals to Standard

Commonwealth Acts – currently in force

  1. Crimes Act 1914 (Cth) – general criminal liability applying to all; solicitors have no exemption from Commonwealth criminal offences including aiding, abetting, counselling or procuring offences (s 11.2 Criminal Code). The “Turning a Blind Eye” paper’s discussion of conspiracy applies here.
  2. Criminal Code Act
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Posted by Jillian in Courts, General Information

The Words as Weapons: How Legal Language Displaced Plain English

Verba artis ex arte — the words of a craft are to be understood according to the craft.


Introduction

Language is the mechanism of law. Every right, every obligation, every power to compel or to punish is expressed in words. It follows that whoever controls the definition of words controls the law itself — and, by extension, controls those subject … Read article

Posted by Jillian in Courts, General Information, Nuggets

Some court definitions

An AI generated Definitions of some Court Labels and Capacities. Do your own research if you wish to rely on any definition to ensure it is accurate for your matter/s.

Nomina si nescis, perit cognitio rerum – if you do not know the names of things, knowledge of things perishes. Precision in naming is the beginning of precision in understanding.… Read article

Posted by Jillian in Courts, General Information

Quasi-Criminal Offences and the Right to Full Criminal Procedure

What Australian Law Says

An educational overview of the distinction between true criminal offences and regulatory or quasi-criminal offences, and how a man or woman may invoke the full protections of criminal procedure


Introduction

Not every offence that carries a financial penalty, a licence disqualification, or even a term of imprisonment is treated by Australian law as a true criminal … Read article

Posted by Jillian in Courts, General Information

Punitive Incarceration and the Constitution

What Australian Law Actually Says

An educational overview of the constitutional limits on imprisonment in Australia


Introduction

Few questions in Australian constitutional law carry more practical weight for ordinary men and women than this: under what authority can the state lawfully imprison a man or woman as punishment? The answer is not as simple as many assume, in either direction. … Read article

Posted by Jillian in Courts, General Information

An Act to abolish Star Chambers

Verified Citation and Correct Title

The Act’s correct citation is:

16 Car. I, c. 10 (also cited as 17 Car. I, c. 10 in some collections due to regnal year reckoning differences)

Full title: An Act for the Regulating the Privy Council and for taking away the Court commonly called the Star Chamber. It is dated 5 July 1641 … Read article

Posted by Jillian in Courts, General Information