45
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 ...
- 198k
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 ...
- 198k
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 ...
- 13k
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 ...
- 22.8k
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 ...
- 198k
24
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 ...
- 12.1k
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 ...
- 29k
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,...
- 1,174
16
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 ...
- 2,636
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. ...
- 113k
12
votes
How does Australia split its legal profession?
Lawyer is perfectly fine
Lawyer is a catch-all term for both barristers and solicitors.
- 198k
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 ...
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 ...
- 113k
10
votes
Legally speaking, is Elizabeth II Australian?
The Queen doesn't need legal rights, she is the law!
As per Dale M's answer, Her Majesty doesn't meet the requirements to be a citizen of Australia under the Citizenship Act, nor has she ever been ...
- 4,304
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)...
- 198k
9
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 ...
- 198k
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 ...
- 198k
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 ...
- 6,325
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 ...
- 198k
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 ...
- 195k
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 ...
- 198k
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 ...
- 113k
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.
- 43.9k
7
votes
Is it legal for police to use their lights to go through a red light?
This is an excellent explanation.
All Australian jurisdictions have (in general) common road rules. In NSW these are enacted by Road Rules 2014 regulation under the Road Transport Act 2013.
The ...
- 198k
7
votes
Accepted
What happens to IP owned by a defunct company?
Companies dissolve by one of two modes: voluntarily or involuntarily.
If it's a voluntary dissolution: the assets remaining after paying all the creditors are distributed among the owners according ...
- 9,818
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 ...
- 4,304
Only top scored, non community-wiki answers of a minimum length are eligible