Melbourne Law School - Research Publications

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Start date: 2000 × End date: 2008 × Subject: Victoria ×

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    Government control of royal assent in Victoria
    WAUGH, JOHN ( 2006)
    The giving of royal assent to proposed laws was the centre of a controversy in Victoria in 2005. These events directed fresh attention to the power of the Queen's representative, the Governor, and of the Victorian Government, over Bills that have passed both Houses of Parliament but not yet become law. This article comments on the legal basis of royal assent and the question of whether the government can advise the Governor to withhold assent to a Bill that has passed both Houses.
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    Blocking supply in Victoria
    WAUGH, JOHN ( 2002)
    In Australian parliaments, the power to block supply (where it survives) is the ultimate weapon of an upper house majority that wants to force the Government to call an election. Its effect is to cut off the Government authority to continue the part of its spending that Parliament must authorise afresh each year. This article comments on the distinctive law and history concerning supply deadlocks in Victoria, where the upper house has blocked supply more often than in any other Australian parliament.
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    Compulsory maintenance of the Land Register: an exception to the fundamental principle of a conclusive register underpinning the Land Registration Act 2002
    Park, M. M. ( 2004)
    The experience of the then Australian colonies in introducing land title registration in the nineteenth century provides a vantage point to observe and provide commentary on the recently enacted Land Registration Act 2002.The author offers the observation that the legislative draftsperson has, perhaps inadvertently, included an exception to what the Law Commission described as ‘the fundamental principle’ of a land registration system, that of the conclusive register wherein interests not recorded in the register have no legal effect. Thus, pursuant to the adverse possession provisions of the Act, it is possible for a trespasser or squatter to acquire an unassailable title to registered land without that title being disclosed on the register. The conclusion, based on the Australian experience, is that the advantages of registered title land are insufficient to overcome the inertia of interest holders and mandatory participation in the registered title system is essential for the integrity of the register.
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