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44 votes

Is it illegal for King Charles not to vote in Australia?

King Charles III is not an Australian citizen He was born in London, UK, which is not in Australia. To be clear, being born in Australia does not make you an Australian citizen of itself, it just ...
Dale M's user avatar
  • 214k
43 votes
Accepted

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

Repeating a defamatory statement is itself defamatory This is known as the repetition rule and is illustrated in Brown v Bower & Another [2017] EWHC 2637 (QB). In essence, the "local news ...
Dale M's user avatar
  • 214k
38 votes
Accepted

I was racially abused at a public park. What legal actions can I take?

You should file a complaint with the police. If you complain to the police then they might do something. If you don't complain then they certainly won't. Are food trucks licensed? You might try ...
Paul Johnson's user avatar
  • 13.7k
29 votes

How does Australia split its legal profession?

In many Common Law nations, the distinction between solicitor and barrister is that the solicitors traditionally have direct access to clients and do much of the paperwork and discuss the planning ...
hszmv's user avatar
  • 23k
27 votes

What international body would one go to file a case against Australian Immigration?

No international body has jurisdiction Australia is a sovereign nation which means it has sole jurisdiction over its immigration policy. So, short answer: no international body has jurisdiction. Who ...
Dale M's user avatar
  • 214k
23 votes
Accepted

What laws give a bouncer the right to evict somebody from a night club in Australia?

The bouncer is employed (or (sub)contracted) by the owner/lessee of premises - someone with the right to evict persons from their private property per the common law rights to exclusive use of one's ...
jimsug's user avatar
  • 12.2k
22 votes
Accepted

Why did Christopher Tran warn Judge Kelly about the Minister for Immigration's power to cancel Djokovic's visa?

Video of that portion of the hearing can be found on the court's YouTube channel. It doesn't seem like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
Nate Eldredge's user avatar
17 votes

Who has ultimate responsibility for a child who forged their permission slip and is then injured on a school trip?

So many things were not addressed, so a precise answer is not possible. But to try to raise the proper questions you should be thinking about: Should the school have known the permission slip was ...
abelenky's user avatar
  • 3,166
16 votes

I was racially abused at a public park. What legal actions can I take?

From the Federal Racial Discrimination Act 1975: 18C Offensive behaviour because of race, colour or national or ethnic origin (1) It is unlawful for a person to do an act, otherwise than in private,...
Gregory Currie's user avatar
12 votes

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

If the article on the "local news site" was false, or cannot be proved true and if it harmed, or was likely to harm, the reputation of the alleged scammer, it was probably defamatory. ...
David Siegel's user avatar
12 votes

How does Australia split its legal profession?

Lawyer is perfectly fine Lawyer is a catch-all term for both barristers and solicitors.
Dale M's user avatar
  • 214k
11 votes
Accepted

Does Australia have the same rules regarding succession to the throne as the United Kingdom?

It is certainly true that different states who share a Head of State can have different succession rules. Thus William IV of the United Kingdom was also King of Hannover. The UK allowed female ...
Martin Bonner supports Monica's user avatar
11 votes
Accepted

I am being threatened by a company to pay a disputed liability NOW or face additional Solicitor costs

Issues in the question In Australia, any civil claim below $10,000 is considered a small claim This depends on the State or Territory involved. In three the limit is $25,000, not $10,000. In only ...
David Siegel's user avatar
10 votes
Accepted

Why is the Queen of Canada known as Elizabeth II?

Actually, Queen Elizabeth I and Queen Elizabeth II are not sovereigns of any common state. QEI was sovereign of England and Wales and QEII is sovereign of the United Kingdom of Great Britain and ...
Dale M's user avatar
  • 214k
10 votes
Accepted

Could a foreign power remove an Australian member of federal parliament by declaring them a citizen?

The law is not settled and will shortly be before the High Court (sitting as the Court of Disputed Returns) but theoretically: yes! The provision on Disqualification is s44, specifically subsection (i)...
Dale M's user avatar
  • 214k
9 votes

In what cases has the High Court of Australia held a federal law unconstitutional and invalid?

Judicial review As always, Inigo Montoya, is correct - declaring a law unconstitutional is not judicial review in Australia, although it may be a consequence of a judicial review. Judicial review is ...
Dale M's user avatar
  • 214k
9 votes

I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site

Jurisdiction: england-and-wales I'm posting this to add to the other answers, so I won't go into details on the defence of truth other than to say that in England and Wales this can be found in ...
JBentley's user avatar
  • 8,356
9 votes

Who has ultimate responsibility for a child who forged their permission slip and is then injured on a school trip?

The school has a duty of care towards its students If they discharged that duty, they are not responsible (liable); if they didn’t, they are. The duty is discharged by acting reasonably. Without ...
Dale M's user avatar
  • 214k
8 votes
Accepted

What international body would one go to file a case against Australian Immigration?

You don't. The only proper venue to raise the concern you do would be an Australian court or administrative agency process. Each country is the judge of its own immigration policies. There are ...
ohwilleke's user avatar
  • 224k
8 votes

What does "reasonable grounds" mean in this Victorian Law?

It has a common meaning across Australia “Reasonable grounds” requires the existence of facts which are sufficient to induce that state of mind (e.g. belief, suspicion) in a reasonable person (George ...
Dale M's user avatar
  • 214k
8 votes

Does my brother have a legal right to my parents home?

If the parents left the brother, let's call him Bob, full or partial ownership of the house in a will, or a long-term right of tenancy, then he has a right to live there. If they left no will, their ...
David Siegel's user avatar
8 votes

Does the English or the American rule prevail in Canada?

canada The general rule is that the substantially successful party is entitled to "costs" on a prescribed scale (e.g. British Columbia; Manitoba) not full indemnity costs.
Jen's user avatar
  • 61.3k
7 votes

Is sex for rent considered prostitution in Australia

'Prostitution' is neither wholly legal nor wholly illegal in Australia. Some prostitution is legal and other prostitution is not. The rules differ from State to State. In Victoria the relevant law is ...
Patrick Conheady's user avatar
7 votes

Can someone be arrested for not being ‘nice’ to police?

Can someone be arrested for not being ‘nice’ to police? Yes. The arrest may later be declared unlawful, and the cop could later be disciplined by his boss, but if a cop wants to arrest you now for ...
Greendrake's user avatar
  • 27.2k
7 votes

whether entitled to reward or not

Sania is entitled to a reward of 7,50€. germany In Germany, to reward honest finders, the finder of an item is entitled to 5% of a lost item's value of up to 500€ under § 971 BGB. Airpods cost about ...
Trish's user avatar
  • 41.5k
6 votes

Is sex for rent considered prostitution in Australia

It would be prostitution, however, prostitution is not illegal in Australia. Barter is a legal way to settle debts in Australia so long as all taxes are paid, for example, the tenant must pay income ...
Dale M's user avatar
  • 214k
6 votes
Accepted

How does Australian law consider a marriage in which one person has subsequently transitioned?

There is a report about a male-to-female transgender woman here: http://www.abc.net.au/radionational/programs/lawreport/2017-06-27/8651398#transcript She managed to do the following: 1. While legally ...
gnasher729's user avatar
  • 34.4k

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