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Australian constitution

There are a number of constitutional grounds upon which the Families First (Tribunal) Act may be challenged and overturned. The first of these is the third provision in the Act which makes any decisions made by the tribunal enforceable after 30 days. According to the Australian Constitution, only courts defined in chapter III or others created by parliament may make decisions of a judicial nature . It is apparent from the wording of the section that the Family Law Tribunal is not a specific court defined within the sections, therefore, to make decisions of a judicial nature it must be a court created by parliament. It is evident from the facts provided that the Tribunal was not intended to be a court. This is represented through the title “Tribunal” which is associated with administrative functions and also the fact that the title of the head of the tribunal is “President” and not “Justice” as is the case in courts of law and in the constitution. Also the fact that lawyers...

Posted by: Sandeep Jador

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