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03/04/18
20:51
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Originally posted by timmi
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Good post. What was the outcome of the newcrest case ? Question is whether case / common law from other states is applicable to Vic ? In my mind the only thing guiding the judge is any federal laws that superceed state law here regarding as you say ownership and therefore rights.
May be the case the other cases are cited in the judges remarks when passing his decision. But wouldn't surprise me if nothing gets decided in a definative way and the judge throws this back to the legislator to sort out.
Big fcking mess !!
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There have been instances though in case ruling where judges are rebound for creating tests to see whether the law applies to a current case.
And alot of the time there is a "reasonable" test in the decision making.