The Forum > Article Comments > Beware the rule of lawyers! > Comments
Beware the rule of lawyers! : Comments
By Tim O'Dwyer, published 8/7/2010Don’t look now but gangs of muscle-jawed lawyers long ago left the law, took to politics, and have run the country for the past 14 years.
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The Labor Party enacted some pretty hot legislation, towards the end of last year, reenacting the anti Cartel legislation in the Statute of Monopolies, with a $10,000,000 penalty for breach. Trouble is that there has been no court, as opposed to Court, willing to award this sum against the main users of lawyers, criminals, the Banks and big corporations. It is in the Trade Practices Act 1974 and those who aid abet counsel and procure, a lawyer to persuade a Court, to break the law, can now be held accountable.
Since Ah Yick v Lehmert (1905) 2 CLR 593 said that a Magistrate and a High Court Justice in Chambers, exercise the same Judicial Power of the Commonwealth, and that S 39 (2) Judiciary Act 1903 gives a Magistrate the same power in Original jurisdiction, as a High Court Justice, it is only a matter of time before the Commonwealth can be held accountable for its failure to execute and maintain the laws of the Commonwealth. The Magistrates in Victoria, have the same power in Equity, as a Supreme Court Judge, and by their Rule 35.04, can grant the injunction authorized by S 80 Trade Practices Act 1974. This is frightening the Commonwealth, but in our World Best Practice democracy, this really restores the balance of power back to the people.
A Magistrate and a High Court Justice, can both give directions for the further conduct of a matter. In Victoria, a magistrate can either decide the matter himself, or refer it to either the County Court or Supreme Court, for trial with a jury. They have only to accept that a Summons, is the same as an indictment, information, or presentment, and all of a sudden, the rule of lawyers will end and corruption will be abolished