love this framing - researchers have gone deep into Austlii and discovered The Truth, like finding Richard III under a carpark
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Jules O’Donnell
1.1K posts
Jules O’Donnell
@mykitchenjules
tradministrative lawyer. headbutter of low-hanging light fixtures. all views are Brendan Fraser's.
London Katılım Ekim 2015
189 Takip Edilen194 Takipçiler
@BabbyUnit @KieranPender If there's hope it lies in the Medical Board JRs. To gain consciousness they must go to the Court of Appeal, but only after they've gone to the Court of Appeal can they gain consciousness.
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The problem may be that, if you get to step (3) of Lange test, you have already accepted that the law restricts speech for a legitimate purpose. So it feels like overreach to say "actually, there are no speech-restrictive means by which you can pursue this purpose".
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Here, Court is not comfortable concluding that the purpose is MERELY social cohesion. The true purpose must be "to achieve x ... BY doing y". But I don't see why we can't just accept that that is the purpose, and then proceed to criticise the means.
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NSWCA finds that the "purpose" of the Sydney protest restriction includes the means for achieving it, ie, restricting public assembly. I think it's clearer to say that social cohesion is a perfectly legitimate purpose, but one which cannot be pursued with speech-restrictive means
Jeremy Gans@jeremy_gans
"It is not a constitutionally legitimate purpose to seek to discourage all forms of public assembly across a nominated geographical area to preserve social cohesion, on the grounds that the very act of holding public assemblies is apt to cause tension & division in the community"
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Justice Steward being continually flummoxed by the empirical looseness of constitutional law (and rightly so) hcourt.gov.au/sites/default/…
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@jeremy_gans I wonder - are these complex arguments about whether the BRD standard is diluted downstream of the larger issue that it doesn't make sense to use "evidence of x" twice in the process of reasoning towards whether x is established?
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(Ah, here's why I never heard of Kanbut. Seemingly suppressed from 2022 to mid-2025.)
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Every regulation of speech will come with a dodgy penumbra of over-zealous shadow regulation which no amount of tedious and speculative proportionality analysis can measure in advance.
AUSPUBLAW@auspublawblog
New today on AUSPUBLAW: Janina Boughey discusses eSafety Commissioner v Baumgarten and what it reveals about the limits on government agencies seeking to circumvent merits and judicial review by acting informally via ‘soft law’: auspublaw.org/blog/2026/3/th…
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I was complaining about these powers before it was cool btw 💅
x.com/mykitchenjules…
Jules O’Donnell@mykitchenjules
This NYE, police officers will have very broad 'stop-and-frisk' and other powers within a massive area that is Carlton-to-South-Yarra long and Docklands-to-East Melbourne wide (there's also a St Kilda area). It wasn't always like this... theage.com.au/national/victo…
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VicPol unsurprisingly revoke their (insane) 9-month designation of Melbourne cbd and surrounds under Control of Weapons Act. Bet a pineapple they argue for dismissal of JR for mootness on Monday. Plaintiff will say "nah they'll do it again!".
theguardian.com/australia-news…
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"County Court judges will continue to invoke youth as an overwhelming mitigating factor and impose the identical sanctions ... to those in the Children's Court". Said with no bill available, and in contradiction of stats given in the Vic Gov announcement of the policy.
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"Judges, like magistrates, have the discretion to impose any sanction from the maximum penalty to no punishment at all for every crime". I thought I should stop reading there and was immediately punished for resisting that instinct. theage.com.au/politics/victo…
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Could a government under this view:
(1) identify disfavoured speech
(2) identify speech-neutral manner/form preconditions to that speech
(3) remove freedoms to pursue those manner/forms by, eg, creating a permit system
(4) use permit system to restrict disfavoured speech?
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I wonder about this: those pre-existing freedoms can themselves be removed by the legislature in a speech-neutral manner, right? then that removal could later be relied on as a basis to say that a later law or exec action, which is speech-directed, imposes no new burden.
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HCA confirms that Migration Act powers can be used to prevent government-disfavoured foreigners from holding political events in Australia (provided government of the day pretends that it believes event will "incite discord") hcourt.gov.au/sites/default/…
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Some discussion and defence of Australia's standalone "void for vagueness" case, DPP v Walters
Lisa Burton Crawford@prof_lbc
My article ‘The Limits of Judicial Power to Interpret Legislation’ - out now in the Melbourne Uni Law Review law.unimelb.edu.au/__data/assets/…
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@MattCowgill T's Tantan in Tokyo station will have great options
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What are some places I should eat in Tokyo? Must be suitable for a seven year old (reasonably adventurous, good with food)
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