1) Under the principle of responsible government, the Governor-General acts on the advice of the Prime Minister. By what legal authority would the Governor-General have to dismiss a Prime Minister who refuses to tender the resignation of his Ministry?
2) Ratnapala and Crowe said, "It is an ancient common law of constitutionalism that courts do not interfere in the internal processes of Parliament.” What does this practice of non-interference mean?
3) In Cormarck v Cope (1974) 131 CLR 432, Menzies J said, "(T)he courts will not interfere with the proceedings of parliament or the houses of parliament.” Why are courts disinclined to interfere with the proceedings of parliament?
4) After the federal elections on 7 September 2013, it was discovered that because of a computer error, the populations of some States were over-reported while those of others were under-reported. Had the correct populations been reported, the entitlement of States in the House of Representatives would have been different. For example, Queensland and New South Wales would have had 32 seats (not 30) and 50 (not 48) respectively. On the other hand, Western Australia would have had only 12 (not 15) members. Claiming a systematic failure of elections, three Members of Parliament filed suit in the High Court to invalidate the 2013 elections. Rule on the action.
5) Parliament passed a law that whenever a vacancy happens in the House of Representatives within nine months prior to a general election for the House of Representatives, a Member of Parliament may be appointed by the Governor-General on the advice of the Prime Minister to fill that vacancy. Rule on the validity of such law.
6) A 17-year old Australian citizen joined the Australian Defence Force. Arguing that if he is old enough to die for his country, he should be old enough to vote, he sought enrolment to vote with the Australian Electoral Commission (AEC) for the 2014 special election. The AEC declined his application to enrol to vote for the 2014 special elections on the ground that the Commonwealth Electoral Act 1918 required a minimum age of 18 to vote. He filed an action in the High Court questioning the constitutionality of said law. He claimed that the law violates sections 7 and 24 of the Australian Constitution which guarantee that members of Parliament shall be "directly chosen by the people.” Rule on the validity of such law.
7) PQR Enterprises seeks appeal from a decision of the Business and Commercial Establishments Tribunal (Tribunal), an administrative tribunal created by Parliament under the Business and Commercial Establishments Tribunal Act (Cth). PQR seeks to ground its appeal on the fact that the Tribunal failed to follow the rules of natural justice by preventing it from presenting crucial evidence in its proceedings. As his/her Solicitor, advise PQR Enterprises on the matter.
8) Under the Refugee Resolutions Act (Cth), some judges of the federal court were designated as eligible judges of the Refugee Resolutions Tribunal with power to issue warrants for the indefinite detention of undesirable aliens and refugees. The Act provides that the Attorney General and the Minister of Defence have mutual authority to make binding and conclusive designations of persons as undesirable aliens and refugees. Ms. EFG, who was detained under the Act, filed suit with the High Court questioning the constitutionality of the Act. Rule on the Act's constitutionality.
9) The Attorney-General has invited three senior members of the Federal Court of Australia to act as advisors to the Attorney-General's Department in the discharge of its national security responsibilities. In particular, such consenting senior members shall provide advice to the Attorney-General's Department on the legality of its operational guidelines and procedures. Determine the validity of such designation.
10)Parliament seeks to pass a law whereby the assets and properties of an organisation designated by the Minister of Defence as "terrorist” or a "criminal syndicate” shall be forfeited and seized by the government. Under the law, a designation by the Minister of Defence shall be conclusive and not subject to judicial review. Rule on the constitutionality of the proposed law.
11)Although the High Court in Kable v Director of Public Prosecutions (NSW) (1996) 189 CLR 51 and Fardon v Attorney-General (Qld) (2004) 223 CLR 575 considered State legislation that had strong similarities, the High Court arrived at two divergent decisions. Give an explanation for this divergence.
12)The New South Wales Parliament passed a law amending the New South Wales Court of Appeal Act (NSW). Under the amendment, The NSW Attorney-General could appoint Judges to the NSW Court of Appeal for a fixed term of two years, renewal thereafter for 2-4 years at his/her discretion. Rule on the validity of such an amendment.