melsc
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- 2005
Exactly I should know, thats where I did work experience
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.Gavrillo said: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?Gavrillo said:I've got a question:
Can someone please explain the function, purpose and effects of test cases?
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.ManlyChief said: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!
What university do you attend, Ms 12?Ms 12 said: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.
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).hfis said: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.
Most of the legal aid people read the cases seconds before they go into courtManlyChief said:You can also observe legal aid people there trying to do their best with an impossible case load. Quite depressing, really
LOL popcorn would make it all the more interesting, but as you say, you would probably be thrown outMoonlightSonata said:I have thought about bringing some popcorn along but I'm sure Gleeson CJ would shoot me one of his death-stares![]()