Since the mid-1800s, offences relating to public drunkenness have existed in Victoria and other Australian jurisdictions. These offences criminalise various forms of drunkenness, with some of the Victorian offences not even requiring the drunkenness to have been accompanied by disorderly behaviour. The utility of these offences is now being…
Read MoreOn 16 January 2022, the Full Court of the Federal Court affirmed Immigration Minister Alex Hawk’s decision to cancel Novak Djokovic’s visa to enter Australia to take part in the Australian Open. The tennis star had initiated judicial review of the Minister’s decision on the basis that the decision…
Read MoreThe use of tear gas in policing and prison has been a contentious topic for years. The issue was central to the 2020 High Court decision of Binsaris v Northern Territory (also known as the Don Dale case). In that case, four young Aboriginal boys who had been detained…
Read MoreThe Northern Territory has seen a dramatic increase in the number of young people in detention following the passage of the Youth Justice Legislation Amendment Act 2021. The Bill, which passed despite opposition in May, has made it harder for young people facing criminal charges to get bail as…
Read MoreOn 24 November 2021, the Federal Court handed down its decision in the matter of Dutton v Bazzi, in which the former Minister for Home Affairs (and current Minister for Defence) sued an individual for defamation in relation to a tweet. The court found that Peter Dutton had been…
Read MoreOn 25 November 2021, the government introduced the Religious Discrimination Bill 2021 into the House of Representatives. The Bill seeks to protect against discrimination on the basis of religious beliefs. It also amends existing anti-discrimination laws to provide more extensive exemptions in respect of religious institutions. The Bill has…
Read MoreOn 27 October 2021, the Victorian government introduced the Public Health and Wellbeing Amendment (Pandemic Management) Bill 2021 into the Legislative Assembly. The Bill, if passed, would give the Health Minister sweeping powers during a pandemic. Concerns have been raised about the potential of the new pandemic laws to…
Read MoreOn 28 October 2021, the federal government introduced the Electoral Legislation Amendment (Voter Integrity) Bill 2021 in the House of Representatives. The Bill seeks to introduce provisions that require voting officers to request proof of identity from anyone seeking to vote in an election. Civil liberties groups such as…
Read MoreArmstrong Legal is proud to announce that we have been using the state-of-the-art Legal Practice Management System NebuLAW since the beginning of 2020 with excellent results. The system uses the Salesforce platform and allows our lawyers and support staff to work remotely with ease, with all files maintained electronically and accessible…
Read MoreMost of us know that Queensland’s borders are not currently open for all and sundry to cross at will for whatever reason they fancy. What you may not be aware of is that there is a constitutional challenge to the High Court of Australia on foot in an attempt to…
Read MoreThe health crisis in which we find ourselves has caused many to experience emotional stress, financial hardship, and feelings of social isolation arising from the act of physical distancing. These increased stressors can create significant strain on couples. Constantly sharing the same space with your partner can cause even the…
Read More“If you search the Internet, you will find websites to satisfy every sexual proclivity known to man and woman, but you won’t find anything relating to sexy barristers wearing a wig and gown.” Confessions Of A Barrister, by Russell Winnock. It is fitting perhaps that the above author has used…
Read MoreThe role of the Children’s Court is to hear and determine certain criminal matters involving children who are accused of committing crimes. All charges will start in the Children’s Court, and most will be finalised there. However ‘serious children’s indictable offences’ will be finalised in adult courts, following certain procedures pertaining to…
Read MoreThe recent decision of the High Court in Pell has captured the interest of not only Australians, but also the world. But what does the case mean for individuals who also find themselves accused of historical sex offences? George Pell was tried before a jury in relation to allegations of…
Read More“Unelected judges” are getting in the way of justice, overturning what juries have properly decided and thwarting what the community “knows” is right. Or so the story goes, fuelled by some media commentary. The recent case of Cardinal George Pell has attracted much attention, and criticism – but it is…
Read MoreThe Family Law Act 1975 (Cth) (“the Act”) stipulates a presumption that it is in a child’s best interests for that child’s parents to have equal shared responsibility for the child. Parental responsibility is defined in the Act as all the duties, powers, responsibility and authority which parents have in relation…
Read MoreA few months ago, you may have seen news stories and online articles about the use of facial recognition technology by law enforcement agencies around the world. The facial recognition technology in question is a product of a company called Clearview AI, which was founded by Australian Hoan Ton-That. The technology…
Read MoreAs the world becomes more technologically advanced, the way in which people commit crimes does too. For years there has been an upward trend in the commission of fraud and cybercrime offences. The more people that tap and go means fewer people with large amounts of cash in their wallets,…
Read MoreWe are presently in a global pandemic. Governments around the world have announced measures and policies to deal with and limit the spear of the COVID-19 virus. The Australian government, like most other countries, has taken significant steps which has included banning entry to Australia by non-residents, self-isolation measures for…
Read MoreThe NSW government has implemented new and amended existing legislation as a result of the COVID-19 pandemic. One of the Acts that has been amended to introduce new law is the Public Health Act 2010 (NSW). The Public Health Act is the legislation that pertains to the government’s protection, monitoring and regulation of…
Read MoreThe legislative amendments, Public Health Orders and restrictions put in place by the NSW government in light of the COVID 19 pandemic mean that police are now issuing people with infringement notices and court attendance notices where they believe a law has been broken. These legislative amendments, combined with the closure of…
Read MorePolice have powers under the Public Health Act 2010 (NSW) to enforce the Social Distancing Rules. You can get a copy of the rules on the NSW legislation website. In summary, what the police can do is as follows: Issue you with a Penalty Notice: Police can issue on the spot fines to…
Read MoreWe all know that teenagers, and even children, can commit crimes – but what happens when they do? It’s not uncommon to hear myths or misconceptions surrounding children and crimes. From time to time we hear about children being tried as adults in the United States, stories about riots in…
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