The Use of the Courts (VCE SSCE Legal Studies): Flashcards

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The Use of the Courts
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Standing (legal definition)

Party must be directly affected by issues to bring case

Ultra vires meaning

Laws made beyond parliament's granted powers

Section 109 Australian Constitution

Commonwealth law prevails when inconsistent with state law

Abrogate (legal term)

To abolish or cancel a law

Statutory interpretation by courts

Courts add meaning and clarity to legislation

Parliament overriding court decisions

Can override all except High Court constitutional rulings

NSW gender recognition case result

Registry can record sex as gender-neutral

Masson v Parsons final decision

Sperm donor recognised as legal parent with rights

Courts reactive in law reform

Can only act when case brought; cannot initiate reform

Cost limitation (Masson v Parsons)

Over $800,000 in legal costs incurred

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