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Post by Grot on Nov 14, 2014 8:56:46 GMT 9.5
Here's a link to the High Court decision that was just handed down . I thought other QLD riders might be interested in it. www.austlii.edu.au/au/cases/cth/HCA/2014/46.htmlI'm not lawyer, but it looks to me like we lost but that there might be some small victories in amongst it all. Will have to wait for the lawyers to interpret the hieroglyphs to know for sure |
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Post by Grot on Nov 14, 2014 9:43:59 GMT 9.5
It's pretty clear now that we lost. Basically it came down to this. Kuczborski had no right to challenge the VLAD Act because he had not been charged under it. As such, the court could not rule on the validity of the Act, so it remains in effect.
The upside is that the Act is still up for being challenged by somebody who is charged under it.
The downside is that the Act remains and will now probably be copy and pasted into very other states legislation.
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Post by Benno on Nov 17, 2014 11:39:23 GMT 9.5
Thats it in a nutshell. You'd think that direction could have come about half a million dollars in legal fess ago. My understanding is that now Kuczborski can't claim costs, and the next challenge will have to be funded from scratch.
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MMMC
New Member
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Post by MMMC on Nov 22, 2014 19:13:07 GMT 9.5
QUOTE:- ..."Alarm bells should be ringing out across the land, back in 1938 similar laws were being enacted to restrict and control who could assemble, who could form associations in Nazi Germany - this is an ugly turn of events in Australian society.
Labeling groups of people as possessing homogeneous characteristics is one step away from true fascism - you can then 'legally' outlaw whatever groups you consider being a threat to your political and philosophical positions.
The standard laws covering civil life apply to bikies, or gypsies, or jews, or muslims as much as they do to middle class white business owners - why do we then need these 'special measures' for particular groups?"  High Court’s anti-bikie law decision prompts calls for a Charter of Rights.Australian Lawyers for Human Rights (ALHR) has spoken out against the High Court’s decision to uphold Queensland’s harsh anti-bikie legislation. Spokesperson for ALHR Benedict Coyne said, “This decision of the High Court highlights again the urgent need for the government to protect the Australian people’s basic human rights.” www.lawyersweekly.com.au/news/high-court-s-anti-bikie-law-decision-prompts-calls
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