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The law of Australia Assignment

   

Added on  2021-04-19

10 Pages2596 Words34 Views
Name of student:Registration number:Unit Title:Unit Code:Name of supervisor:Date due:
The law of Australia Assignment_1
IntroductionThe law of Australia mostly originated from the English law. The law of Australia comprises both coded and un-coded forms of law. The sources of Australian law includes the Australian Constitution, legislation by the Federal Parliament and the legislation enacted by the State and territory parliament (Furmston, Cheshire &Fifoot, 2012). The common law of Australia that arises from decisions made by judges also forms the basis of the sources of Australian law. Both the federal and state governments have adopted many principles of the British law in their jurisdiction. The highest court in Australia is the High Court. It hears appeals from both the federal and state courts concerning matters of federal and state law. The AustralianCourts Act 1828(UK) established that all laws applying in England at the date of enactment had to apply to all states in Australia governed by the British (Carter, 2012). There are two sources ofconstitutional law in Australia. They include the state and federal law. The Parliamentary Counsel drafts statute law after which both houses of parliament discuss the bill. International law also forms part of the sources of Australian Law. This report analyzes the case study on Alexia. Alexia is interested in preventing the government from resuming his land which he intends to undertake a large project (Paterson, 2011). The report discusses the legal factors that apply in this case. The report also provides legal advice on the actions that Alexia should undertake to ensure that the Government does not resume his land.Part OneIssue
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All levels of government at times need to acquire privately owned land to construct public amenities and infrastructure. The government may require land to build facilities such as schools, hospitals, airports, and roads (Paterson et al.,2012). The Government needs to negotiate with the owner of the land that it needs to acquire for development. The acquisition process of the private land for use by the government is compulsory, and it’s referred to as land resumption.If the government proposes a compulsory acquisition of private land, the landowner receives a notice of intention to resume (NIR). The Land Acquisition Act of 1989 governs land resumption in Australia (Siliquini & Hutchison, 2017). Alexia wrote to the council clerk in advance informing him of his planned project on the piece of land that she owns. The local council approved the DA and did not indicate to Alexia that they had any intention of acquiring the land either presently or in future. By approving the DA, it means that Alexia was given the go-ahead to start the project that she wanted to undertake. The legal arises when the county inspector informs Alexia that some portion of the land will be resumed. Alexia decided with the intention of ensuring that the land that she plans on building the township is not resumed. The legal question in this case is; does Alexia have a chance objecting to the intention by the local council to resume her land?What options and rights does Alexia have regarding objecting to the intended compulsory acquisition by the local government? Did the local council comply with the Land Acquisition Act of 1989?RuleThe Land Acquisition Act 1989 defines the procedure that should be followed by both thefederal and the state government when undertaking land resumption. The Act also protects the interests of the owner of the land that the government intends to acquire (Mitchell, 2014). The
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