AYX18 v Minister of Home Affairs[2018] FCA 283 A recent decision by Justice Perram in the Federal Court demonstrates how independent decision making by judges protects human rights and enforces international human rights agreements. This migration case involves...
Newcastle Port Corporation v MS Magdalene Schiffahrtsgesellschaft MBH [2013] NSWLEC 210 This case concerns a heavy fuel oil spill in Newcastle NSW and the legal proceedings that followed. The case demonstrates how the law deals with complex issues relating to...
The Business Mirror – an online business publication from the Phillipines recently published an interesting editorial examining the rule of law. The title – ‘The Rule of Law. So What?’ The editorial includes insights into differing...
Cultural Burial and the Law The law in NSW is found in legislation (laws made by Parliament) and case law (laws made by judges). This is sometimes called ‘Black Letter Law’ which is the foundation of the rule of law. However, due to the cultural diversity of...
Sentencing decisions of judges are often commented on by the media. In particular, judges are often criticised for being too lenient on offenders. Judicial independence is a fundamental principle of the rule of law and requires that judges make decisions based on the...
Developing Legal Literacy A key principle of the rule of law is ‘knowing the law’. By ‘knowing the law’ people are more able to uphold the rule of law and are aware of their obligations under the law and can also challenge laws that threaten...
