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.
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.
What is ‘Advocate’s Immunity’?
In simple terms, advocate’s immunity is a doctrine of the common law which operates to prevent an unhappy litigant from suing their lawyer over the lawyer’s conduct of the litigation.
The plaintiff sought leave to amend his statement of claim in the proceeding, this application was refused by the Judge, except in respect of agreed deletions, the Judge also ordered adverse costs orders against the plaintiffs.
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.
Bottom Line : No Love is needed so long as there is a mutually exclusive (de facto) relationship.
The Key for a public Interest proceeding seems to be that there is a genuine cause of action, which is legally arguable without personal interests at stake or expectation of gain and of high public importance
The Australian Government is inviting Submissions to be received for the Public Inquiry in Migrant Intake into Australia.