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Questions tagged [australia]

Questions specific to Australia. For many questions, specifying the state will be required as legislation can be state-specific (notably criminal law).

Courts

Federal

State

New South Wales

  • Supreme Court of New South Wales
  • District Court of New South Wales
  • Local Court of New South Wales

Queensland

  • Supreme Court of Queensland
  • District Court of Queensland
  • Magistrates Court of Queensland

South Australia

  • Supreme Court of South Australia
  • District Court of South Australia
  • Magistrates Court of South Australia

Tasmania

  • Supreme Court of Tasmania
  • Magistrates Court of Tasmania

Victoria

  • Supreme Court of Victoria
  • County Court of Victoria
  • Magistrates' Court of Victoria

Western Australia

  • Supreme Court of Western Australia
  • Family Court of Western Australia
  • District Court of Western Australia
  • Magistrates Court of Western Australia

Australian Capital Territory

  • Supreme Court of the Australian Capital Territory
  • Magistrates Court of the Australian Capital Territory

Northern Territory

  • Supreme Court of the Northern Territory
  • Magistrates courts

Norfolk Island

  • Supreme Court of Norfolk Island
  • Norfolk Island Court of Petty Sessions
285 questions
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I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

There is an alleged scammer in my community. An article about him was published by our local news site. As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is now threatening to sue me for defamation. He is…
user1034912
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Is it illegal for King Charles not to vote in Australia?

Australians are required to vote. King Charles is the head of state of Australia and should be Australian. He does not vote in elections. Thus, is he violating Australian law?
R-Obsessive
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Is it legal to abandon an anchored boat for a swim?

Obviously, it is fine for passengers of a private boat to go swimming/diving/spearfishing. But what about the case when the boat is anchored half a mile from the shore and everybody on board leaves for a swim, including the skipper? (I am not…
Vashu
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How can a court avoid creating precedent?

There are a number of ways in which a judge may avoid following precedent – overturning or distinguishing a previous ruling, for instance. However, is there any way for a court (particularly a superior court) to avoid creating a binding precedent,…
jimsug
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I was racially abused at a public park. What legal actions can I take?

I was racially abused at a public park. Basically out of no where he called me a terrorist. I ignored him. After a while he came directly to me and ask me to go away and said this is Australia. The offender was a food truck owner. I am afraid that…
user1034912
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Could a foreign power remove an Australian member of federal parliament by declaring them a citizen?

Recently a number of Australian members of the federal parliament have been referred to the high court because they might have a foreign citizenship. The first was a simple oversight by the politician in question, but the rest start to get a little…
user1605665
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Why is the Queen of Canada known as Elizabeth II?

The regnal numbers of the monarchy of the United Kingdom are combined from the regnal numbers of the separate kingdoms of England and Scotland. Hence, as there was a previous Queen Elizabeth in England, the current queen is known as Elizabeth II of…
TRiG
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Transferring public domain material into a country where it is still in copyright

I've noticed that, in Australia, books created by authors who've died before 1955 are in the public domain. For example, all of George Orwell's works are available from the University of Adelaide: https://ebooks.adelaide.edu.au/o/orwell/george/ It…
Adimote
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Is there one body of common law?

I'm a bit confused by the usage of the phrase "common law" on this site. The Wikipedia article initially describes it as an abstract concept. The first paragraph reads: Common law (also known as case law or precedent) is law developed by judges…
Praxeolitic
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Who has ultimate responsibility for a child who forged their permission slip and is then injured on a school trip?

A school is going on an excursion. The child is given the permission slip to take home and get signed by his legal guardian, but he forges the signature instead. On the excursion, he gets injured. Who is legally responsible for the child? Is it the…
stickynotememo
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How does Australia split its legal profession?

I just got an interesting edit suggestion to my recent question by someone who just registered (perhaps for the purpose of this edit suggestion). It proposes that "lawyer" is replaced with "junior barrister" because: australia splits its legal…
Greendrake
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Legally speaking, is Elizabeth II Australian?

I came across a tweet saying that there should be an Australian on the five dollar note, rather than Elizabeth II. Legally speaking, is Elizabeth II Australian? Wikipedia mentions that she's Queen of Australia, but is she also an Australian, either…
Golden Cuy
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Is it legal to record conversations with police?

If I am stopped by the police for questioning on the street, would I be within my rights to record the conversation on my phone to avoid any looseness with accounts of what was said on either side? Would the police officer be allowed to refuse my…
norlesh
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What laws give a bouncer the right to evict somebody from a night club in Australia?

What set of laws give a bouncer / security guard / crowd controller the right to evict a person from a night club in Australia? if not all Australia then Victoria.
user1605665
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Do people generally have the right not to be photographed on private property?

Assume that I and other people are patrons on private property, and that the owner/occupier of the property does not object to my activities. If I wish to take photographs of something on the property and I inadvertently include other people in the…
jimsug
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