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High Court affirms constitutionality of Charter and considers key interpretative provisions
8 September 2011
Momcilovic v The Queen [2011] HCA 34 (8 September 2011) Summary The High Court’s decision in Momcilovic v The Queen upholds the constitutional validity of the Charter of Human Rights and...
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Court will Determine whether a Declaration of Inconsistent Interpretation should be Made During Primary Hearing
19 April 2011
Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) & Ors (No 2) [2011] VSC 153 (19 April 2011) The case involved an application brought by the Director of...
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Is a Presumption Against Bail Consistent with Human Rights? ACT Supreme Court Rules on Human Rights and the Interpretation of Legislation
19 November 2010
In the Matter of an Application for Bail by Isa Islam [2010] ACTSC 147 (19 November 2010) The ACT Supreme Court has declared that a provision of the ACT Bail...
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Victorian Supreme Court Adopts Narrow View of Right to Privacy and Eschews International Jurisprudence
28 May 2010
WBM v Chief Commissioner of Police [2010] VSC 219 (28 May 2010) This case raises the rights to privacy (s 13) and freedom from retrospective punishment (s 27), interpretation of...
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Imposition of Unreviewable Lifetime Reporting Requirements on Sexual Offenders a Disproportionate Intrusion on Private Life
21 April 2010
F & Anor, R (on the application of) v Secretary of State for the Home Department [2010] UKSC 17 (21 April 2010) This case concerned lifetime reporting requirements for sex...
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Court of Appeal Makes Declaration of Inconsistent Interpretation and Considers Statutory Interpretation and Limitations on Rights under the Charter
17 March 2010
R v Momcilovic [2010] VSCA 50 (17 March 2010) In a landmark decision, the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a...
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Interpretation and Limitation of Rights in relation to Extended Supervision of Sex Offender
28 August 2009
Secretary to the Department of Justice v AB [2009] VCC 1132 (28 August 2009) The Victorian County Court has handed down a decision which considers in some detail the application...
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