Is it legal to wear campaign clothing when voting? (13 October 2023)

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Daily wrap

• Confusion about political attire at polling booths as voting gets underway for Voice to Parliament referendum - ABC News

  • “In a statement, a spokesperson [for the AEC] encouraged voters to not wear campaign clothing, as the law states people cannot campaign within six metres of a polling station.”

• Full Federal Court provides its written reason in Clive Palmer referendum case - Babet v Electoral Commissioner [2023] FCAFC 164

• Australia needs climate trigger laws, conservation groups say after failed court challenge to coalmines | The Guardian

• Independent review of the National Cooperative Scheme on Unexplained Wealth announced
  

• Beau Timothy John Hartnett trading as Hartnett Lawyers v Anthony Robert Bell as Executor of the Estate of the late Mabel Dawn Deakin-Bell [2023] NSWCA 244 - NSW Caselaw

  • “The Court of Appeal (Bell CJ, Adamson JA and Griffiths AJA) has dismissed with costs an appeal brought by Beau Hartnett. The primary judge had ordered Mr Hartnett to pay $251,255.53 plus interest, representing exorbitantly charged legal fees, to Anthony Bell, pursuant to the inherent jurisdiction of the Court. On appeal, the Court held that the inherent jurisdiction of the Court was not displaced by rules of Court or the possible availability of alternative remedies. Further, the Court held that the primary judge’s discretion to exercise the Court’s inherent jurisdiction did not miscarry, nor was the Appellant denied procedural fairness.”

• Leave to file constitutional writ re referendum ballot paper refused by Kiefel CJ yesterday. Reasons can be found here - Bay, In the matter of an application for leave to issue or file [2023] HCATrans 134

  • “The applicant’s grounds for the orders sought are that the ballot paper contains a reference to the long title of that proposed law when it should refer to the short title, which was referred to in the writ for the Referendum; and that the title disenfranchises electors by misleading them about the content and meaning of the proposed law”

• Police officer pleads guilty after pointing gun at colleague to stop him revealing Top Gun spoiler
  

• Vanessa Amorosi denies claims a property at the centre of a legal battle was gifted to her mum - ABC News

• Adelaide woman Tanya Hinrichsen granted retrial over alleged involvement in husband's murder - ABC News

Editor’s picks

• Judicial bullying: the last of the legal bloodsports? Glen Cash - QLD District Court Judge

• Australian lawyers mitigating money laundering risks, new report finds - Law Society Journal

• What is an Appeal For? Consideration of AZC20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2023] HCA 26 — Australian Public Law - Dr Joe McIntyre, Associate Professor, University of South Australia

A list of the special leave applications can be found here. A link to the live stream can be found here.

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