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No right to an effective investigation of cruel, inhuman or degrading treatment under the Victorian Charter
25 March 2013
Bare v Small [2013] VSC 129 (Unreported, 25 March 2013) Summary The Supreme Court of Victoria dismissed an application seeking judicial review of two decisions by the Office of Police...
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Magistrates must inquire before imprisoning people with special circumstances for unpaid fines
4 March 2013
Summary The Court of Appeal held that there is a duty on Magistrates to inquire into whether infringement offenders have disabilities such as mental illness or intellectual disability, or other...
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Provision penalising offensive postal communications not an unconstitutional burden on political communication
27 February 2013
Summary The High Court of Australia has split 3:3 on whether a provision of the Criminal Code (Cth) making it an offence for a person to use a postal or...
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Street preacher case confirms limits on freedom of political communication
27 February 2013
Summary This High Court decision concerns the scope of the implied freedom of political communication under the Australian Constitution. Specifically, it considered the second part of the test from Lange...
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Drunken brawl appeal prompts clarification of the new community correction orders regime
12 December 2012
DPP v Leys & Leys [2012] VSCA 304 (12 December 2012) Summary On 16 January 2012, community correction orders (CCO) were introduced as a sentencing option under the Sentencing Act...
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Special religious instruction at school not unlawful discrimination
18 October 2012
Aitken & Ors v The State of Victoria – Department of Education & Early Childhood Development (Anti-Discrimination) [2012] VCAT 1547 (18 October 2012) Summary In the recent decision of Aitken...
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High Court considers an adverse security assessment by ASIO
5 October 2012
Summary In this case the full bench of the High Court of Australia considered the lawfulness of the indefinite detention of the plaintiff, a refugee who has been held in...
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