Doctors for Refugees: Constitutional Challenge to Border Force Laws Filed in the High Court

According to a media release from the Fitzroy Legal Centre, a constitutional challenge was filed in the High Court of Australia on 27 July 2016 on behalf of Doctors for Refugees. The upcoming case will test whether secrecy laws in the Australian Border Force Act 2015 (Cth) (The Act) create an impermissible burden on the implied freedom of political communication.

Can a lower Court hear Constitutional Matters ?

If you have a Criminal case in a lower Court as low down as the Magistrates Court (VCAT,NCAT, QCAT etc do not apply) AND you raise a Constitutional Matter AND the AG’s either fail to reply or reply in the negative for intervention (thinking your case is too trivial or lacks merit) THEN not only can the Magistrates Court decide the matter but the Prosecution CAN NOT APPEAL it unless granted Special Leave by the High Court.

A Kiss good bye to the McKenzie Friend?

Fair enough I suppose, but is it signalling a kiss good bye to the McKenzie Friend? They are related in that the McKenzie friend is the big brother of little amicus curiae in that little amicus would normally only put in a written submission for the Court to consider where as McKenzie friend gets to speak before the Court.