law questions (1 Viewer)

[melsc]

Exactly I should know, thats where I did work experience

 

[donkeydrop]

wow, guys and girls im impressed by the amount of help. Thanks a lot champs.
My librarian replied with the following message

"you can access the Alternative Law Journal via the library catalogue. Search for that journal title as "Journal Title First Words" search and you will get 4 results"

This means that all i had to is type "alternative law journal" in the UWS catalogue and select "journal title first words" or "journal title any words"(something along those lines).

Anyways I end up finding the articles but one of the articles i cannot print or save????and i can only view page 1. All the other articles i was able to save and view. The fucked-up article is called:

Detention Without Trial: Is There No Limit? (2005) 30(2) AltLJ 63

 

[Meldrum]

I've got a question:

Can someone please explain the function, purpose and effects of test cases?

 

[hfis]

I've got a question:

Can someone please explain the function, purpose and effects of test cases?

My understanding of 'test' cases is that they involve subject matter that has not had the law applied to it before. Usually they are launched in order to create a precedent for whatever agenda the appellant is trying to push.

There have been quite a few of them in recent years, what with the new advances in technology and all. Can't think of any off the top of my head though, which is pretty bad considering we only covered IVF test cases three weeks ago.

 

[melsc]

and I think, if successful, then people can bring their cases before the court

 

[MiuMiu]

I've got a question:

Can someone please explain the function, purpose and effects of test cases?

Haha that sounds mighty like a question your tutor would prefer you worked out for yourself ay?

But yeah, what whatshisface said, a test case is just a case that has no common law precedents--the outcome isn't know cos a case like that has never been put to the court.

Cattanach v Melchior is one recent one that comes to mind, a wrongful birth case.

 

[hfis]

In first year law at USyd you get a "court observation" assignment upon enrolment and part of it is to look at the plight of unrepresented litigants. I remember the most heartrenching things I have ever seen were:

(1) a man trying to represent himself in a custody dispute in the Family Court, while his ex-wife was represented by a barrister. The man got so emotional, he didn't know when he was allowed to talk, what to say, what he could ask witnesses etc. At one point the emotions just spilled over and he broke down before the judge; and

(2) an Iranian asylum-seeker was seeking leave to appeal to the High Court at a special leave hearing in Sydney. Gummow and Kirby JJ were presiding. As the unrepresented Iranian started to stammer at the begining of his speech about the "justice of Australia" everyone in the courtroom could tell by the looks on Gummow and Kirby's faces that they had already decided not to grant leave. Quite sad, really.

Shove the cross-city tunnel and Iraq: more money for legal aid!

Do you have any idea if transcripts are publicly available for either of these? I'm currently doing 'access to justice' in one of my foundations subjects, and these sound like perfect examples of how the courts can at times hinder it.

 

[MoonlightSonata]

Haha that sounds mighty like a question your tutor would prefer you worked out for yourself ay?

But yeah, what whatshisface said, a test case is just a case that has no common law precedents--the outcome isn't know cos a case like that has never been put to the court.

Cattanach v Melchior is one recent one that comes to mind, a wrongful birth case.

What university do you attend, Ms 12?

 

[ManlyChief]

Do you have any idea if transcripts are publicly available for either of these? I'm currently doing 'access to justice' in one of my foundations subjects, and these sound like perfect examples of how the courts can at times hinder it.

The High Court special leave transcripts are available, but usually only the actual determination of the judge(s) is published, not the little speech by the parties/counsel. There are always many asylum-seeker applicants at special leave hearings, so just pop along to the next one in Sydney, I'm sure there'll be an unrepresented one (unfortunately).

As for the Famly Court case, I can't for the life of me track down the name of the case, but, if it helps, I observed it in March, 2002 ... but I no not know how extensively available Family Court transcripts are, as I have never needed to consult them.

Another place to observe the justice system failing (in my opinion) is Central Local Court near the Three Wise Monkies pub in town. There are always unrepresented people there at bail hearings/comittals. You can also observe legal aid people there trying to do their best with an impossible case load. Quite depressing, really.

Good luck.

 

[melsc]

You can also observe legal aid people there trying to do their best with an impossible case load. Quite depressing, really

Most of the legal aid people read the cases seconds before they go into court

 

[BillytheFIsh]

Not much chance of seeing unrepresented litigant in Special Leave application these days... particularly in immigration cases. The do (the vast, vast majority of) them only on written submissions nowadays:

http://www.austlii.edu.au/au/other/hca/transcripts/recent-transcripts.html

Click on any of the big chunk of SBAN, SBSN, SBDNF ect ect named cases and the dismissal is pretty much from the same template:

Minister refused visa, AAT refused visa, fed mags found no error in AAT decision, fed court found no error in earlier decisions. Appeal has no prospects of success. Application dismissed.

 

[MoonlightSonata]

There are huge numbers of unrepresented litigants attempting to obtain special leave. But yes as of (very) recently, the HC can deal with the application solely on their written submissions.

I have gone to watch a lot of leave applications myself. I have thought about bringing some popcorn along but I'm sure Gleeson CJ would shoot me one of his death-stares

 

[011]

Lol, MS, I read through R v Ireland recently.

At first when we were introduced to it the whole class was going 'err.....right.'

 

[melsc]

I have thought about bringing some popcorn along but I'm sure Gleeson CJ would shoot me one of his death-stares

LOL popcorn would make it all the more interesting, but as you say, you would probably be thrown out

 

[hfis]

While we're on the topic of special leave applications, let's not forget this gem that Frigid linked to a while back.