Start Two stage test for invalidating a law australia

Two stage test for invalidating a law australia

Transactions which involve undue pressure may be rendered void or voidable through doctrines of equity and probate.

The probate law doctrine of undue influence requires more than just pressure, nor is it presumed in any particular relationship.

Professor Gino dal Pont and Ken Mackie summarise the probate doctrine in this way: Only actual coercion will invalidate a will.

The Australian Constitution does not include a Bill of Rights.

However, some human rights are mentioned, including the right to compensation if the government acquires your property (s 51(xxxi)), guaranteed trial by jury for federal offences (s 80) and freedom of religion (s 116).

The High Court, established in 1903, has the power to consider Commonwealth or state legislation and determine whether such legislation is within the powers granted in the Constitution to the relevant tier of government.

The High Court can invalidate any legislation or parts of legislation that it finds to be unconstitutional.

Until the middle of the 19th century, the courts applied the lex loci contractus or the law of the place where the contract was made to decide whether the given contract was valid.