The Requirement for Standing (VCE SSCE Legal Studies): Flashcards

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The Requirement for Standing
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Standing (legal term)

Requirement to be directly affected to bring a case to court

Alternative name for standing

Locus standi

High Court special interest test

More affected than public; face greater material advantage/loss

Why standing prevents waste of resources

Only genuinely affected people can bring cases

Frivolous actions definition

Legal proceedings without serious purpose or reasonable grounds

How standing limits public interest cases

Prevents those with general interest from bringing cases

Kuczborski v Queensland (2014) subject

Challenge to Queensland anti-bikie laws

Kuczborski case outcome

High Court refused to rule; Kuczborski had no standing

Attorney-General's fiat

Consent allowing parties without standing to bring cases

Re McBain (2002) - who used fiat

Australian Catholic Bishops Conference (re IVF access)

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