Submission to Senate Economics Committee on Bribery of Foreign Public Officials

Diaspora Legal has made a submission to the Senate Economics Committee Enquiry into Bribery of Foreign Officials

Are China's "Traditional Fishing" Rights Really so fishy?

The legal position between China and Indonesia has some nuances. Conflict could arise if, similarly with the conflict with Australia over the execution of its citizens, Indonesia's foreign policy again relies on an overly simplistic notion of sovereignty.

Full Court of Family Court Upholds Validity of Potentially Polygamous Foreign Marriages

Amendments to the Marriage Act define marriage as the union of one man and one woman entered into for life. A decision of a single judge of the Family Court of Australia following those amendments to the Marriage Act refused to recognise the validity of a potentially polygamous Iranian marriage. The Full Court of the Family Court of Australia in Ghazel & Ghazel and Anor [2016] FamCAFC 31 has over-ruled that decision and declared the marriage valid.

s41 Protection of the Commonwealth Franchise

The High Court in R v Pearson; Ex Parte Sipka (1983) 152 CLR 254 purported to limit the protection to a person's right to vote in Commonwealth elections afforded by s41. But is the limitation overstated? Is there a practical protection which remains available, but still consistent with the majority reasoning?

Indonesia Systematises Processing of Letters Rogatory

The Indonesian Supreme Court has entered into a memorandum of understanding with the Indonesian Ministry of Foreign Affairs as to the processing of letters rogatory from foreign courts.

Interplay of Foreign State Immunity and Foreign Judgments Act In Australia

The High Court of Australia has considered the interplay of customary public international law and Australian statutes in the enforcement of a foreign judgment in Australia against the assets of a foreign state located in Australia