On 5/03/2013 12:21 PM, Lev Lafayette wrote:
http://lawyerslawyer.net/2007/10/18/melbourne-barrister-john-walsh-of-branna...
Sadly, that blog post is just an attack on a simple person whom obviously had some trouble properly representing the case. What to expect from a Lawyer's website post.... :( There are many failures to bring justice in the legal system, regardless of true facts of the matter. I certainly wouldn't be in any position to argue the case in court myself and getting lawyers or barristers to do so defeats the purpose because they ARE part of the problem that we have today; but perhaps one day it will be argued successfully according the facts of the Australian Constitution It completely astounded me when I heard an interview with Justice Kirby; he stated that the court had to decide on the "spirit" of the law, rather than the "letter" of the law ... I see that as patently wrong. It is NOT the place of the judicial system to make laws, it is only the place to properly fairly enforce laws as they are written with proper interpretation of the facts (letter) and not the spirit of the law. If the law is wrong, it needs to go back through the parliamentary system for review and revision as necessary. Justice Kirby clearly overstepped his powers in my opinion by not sticking to the letter of the law in his judgement(s) on at least one occasion that he spoke about. A.