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The event that set the course of the 21st century : Comments
By John Ditchburn, published 11/5/2009In every century there seems to be a single act by an individual or small group of people that defines the course of that century.
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All Kevin Rudd has to do to bring Australia into an unbridled prosperity, is apply that decision. Justice Mary Gaudron said: Were they free to abolish their courts, the autochthonous expedient, more precisely, the provisions of Ch III which postulate an integrated judicial system would be frustrated in their entirety. To this extent, at least, the States are not free to legislate as they please. What that means is NO State is free to legislate as it pleases.
That includes the Commonwealth. Applying the “Kable Principle” the Federal Government must accept that it must repeal S 39 Federal Court of Australia Act 1976 and Order 46 Rule 7A Federal Court Rules and let the reforms introduced by Paul Keating’s government take effect.
The autochthonous expedient Justice Gaudron was talking about, was the decision in 1903, by the Parliament of the Commonwealth to leave ownership of State courts, with the States. Paul Keating’s government introduced a National Competition Policy. However the policy is unenforceable while the Courts of Australia remain in the hands of lawyers. They will not compete. They indulge in exclusive dealing, and they completely destroy democracy. Democracy is not just a vote every three years. It is also the right to be part of a court, in your town in your community, and this decision restores that right to you. Insist upon it