Top 5 Controversial Legal Cases in Australia

Top 5 Controversial Legal Cases in Australia The law exists to protect the country and its people. There is pretty much law for everything: criminal, family, environmental and many more. Most court cas es follow existing laws which more or less makes the trial relatively easy. However, some inst ances set new models or bring new interpretations to the law. 1- COMMONWEALTH VS TASMANIA CASE (1983) This case is about the Tasmanian Government believing that they had a legal right to build a hydroelectric dam to which the Federal Government disagreed backed by the World Heritage Convention. This case did not only set a new legal precedent, but it also helped in preserving an essential piece of the Australian wilderness. 2- CHAMBERLAIN VS THE QUEEN CASE (1984) This case is about the death of an infant on a camping holiday. The mother claimed that the baby has been taken by a dingo. Meanwhile, the prosecution claimed that the infant was murdered by her mother. Chamberlain was found guilty in spite of questionable evidence in previous trials. Fortunately, new evidence emerged, which lead to Chamberlain being released and acquitted. 3- WALTONS STORES LID VS MAHER CASE (1988) This is a case involving contract law. It established promissory estoppel as its own cause of action. The contract may not have been signed, but it should be enforced because it was promised. Mahers did not have a contract with Waltons, but the court found that Waltons owed damages to the Mahers. 4- MABO VS QUEENSLAND CASE (1992) This is arguably one of the most famous court cases in Australian history. The Mabo vs Queensland case lead to the rewriting of the national land law and recognising indigenous Australians as the original inhabitants of Australia. Prime Minister Kevin Rudd also had to issue an apology to indigenous Australians because of this case. 5- AL KATEB VS GODWIN CASE (2004) This is one of the most famous and controversial legal case in Australia, involving immigration. Al-Kateb was born in Palestine to Kuwaiti parents which makes him stateless. He could not be returned to his country of origin when he was refused to be given a temporary protection visa in Australia. Other countries found that the indefinite detention of stateless individuals is unlawful due to the European Convention on Human Rights. Al-Kateb was ultimately released along with the other stateless people detained. Al-Kateb was also awarded a permanent visa in 2007. BOTTOMLINE These cases are just a few examples of highly influential and controversial legal cases that challenged Australian law. Most of these cases led to the evolution of the law. The law may not be perfect, but at the end of the day, they are meant to work for the best interest of the country and its citizens.