Bret Walker makes the case against critics of the Voice at Clayton Utz last week: ‘This Voice is essentially political; that’s the whole point’But he made some serious legal points about the Voice which are arguably more important than his rhetoric. Or some side circus over whom he might have offended, or called a racist. More on that later.. People pay him $30,000 a day and more for a simple reason – he is the best in the land. And he makes a living out of those who go to court.
But if someone challenges an administrative law decision made by the executive – say in a migration case – the courts do not direct what the decision should be, only that it be “made according to law”.“If it [the dispute] doesn’t matter, then it won’t invalidate. There are other points to make about invalidation, but that’s the one that has been woefully ignored.”
The original clause spoke of a power to make laws people with respect to “any race, other than the Aboriginal race in any state”. After the referendum of 1967, the reference to the Aboriginal race was removed.Walker said there was an argument in the 1998 High Court case He told ABC Radio the Voice would not act as a check or monitor on government, such as the auditor-general’s office.
“Of course that would go to court, and probably in the form of mandamus [a judicial writ] against whomever has refused, say, to receive messages from the Voice. Walker also took a shot at the notion that any Voice litigation would disrupt the working of government and be divisive.
Source: Law Daily Report (lawdailyreport.net)
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