41 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 ...
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  • 147k
36 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 ...
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28 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 ...
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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 ...
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  • 147k
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 ...
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  • 11.6k
21 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 to me like anything nefarious. My interpretation is that Mr. Tran is just giving Judge Kelly this ...
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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,...
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16 votes
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How does Australia split its legal profession?

According to this Australian source the terms have the same meaning as every other jurisdiction I am familiar with: Barristers are lawyers, but not all lawyers are barristers.
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  • 20.5k
13 votes

How does Australia split its legal profession?

Lawyer is perfectly fine Lawyer is a catch-all term for both barristers and solicitors.
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  • 147k
11 votes
Accepted

How do laws affect photography of non-humans in public when people may be in the frame?

Let's put to bed the myth of privacy that is at the heart of your question: in R v Sotheren (2001) NSWSC 204 Justice Dowd said “A person, in our society, does not have a right not to be photographed.” ...
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  • 147k
11 votes

Is there one body of common law?

So my understanding is that the phrase "common law" can refer to either the concept of laws established by court precedent or it can refer to a specific body of laws that have been established that ...
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  • 147k
11 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. ...
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11 votes
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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 ...
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  • 89.2k
10 votes

Is there one body of common law?

Common law is based on the system of law established in England following the Norman Conquest in 1066. Its principle was simple: that like cases should be treated alike. This differed from the prior ...
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  • 11.6k
10 votes
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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)...
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  • 147k
10 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 ...
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  • 147k
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 ...
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  • 129k
8 votes

In what cases has the High Court of Australia held a federal law unconstitional 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 ...
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  • 147k
8 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 ...
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  • 4,301
7 votes

Pay electricity bill after being evicted on no contract?

I am not a lawyer; I am not your lawyer. You do not cite a jurisdiction so this makes it very difficult to get a definitive answer. What follows is for Australia but the general principles are common ...
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  • 147k
7 votes
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Do people generally have the right not to be photographed on private property?

Let's put to bed the myth of privacy that is at the heart of your question: in R v Sotheren (2001) NSWSC 204 Justice Dowd said “A person, in our society, does not have a right not to be photographed" ...
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  • 147k
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 ...
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7 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 ...
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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 ...
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  • 147k
7 votes
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Can/shall I sue Domino's if I felt the manager was being racist?

Can I sue? (Shall I sue? Is up to you) Yes, anyone can sue anybody but that doesn't mean it will be successful. The likely candidate for making a claim seems to be under the tort of Emotional Distress,...
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  • 20.5k
6 votes
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How can a court avoid creating precedent?

It is the lower courts' interpretation of a senior court's judgment—specifically the ratio—that determines what is the precedent. If a court doesn't want its opinion to bind lower courts, ...
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  • 2,934
6 votes
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Can you patent a card game?

Yes. The AusPat database is an excellent source for looking for Australian patents. I did a quick search for "card game" and came across 276 results fitting those keywords. Not all involve the ...
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  • 2,831
6 votes
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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 ...
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  • 147k
6 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 ...
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