Question 3 Geoff is a protester who is against duck hunting in Victoria. Geoff disrupts all duck hunting events, and is eventually arrested for disturbing the peace; he is brought before the Magistrate’s Court. Geoff claims his right of freedom speech under the Australian Constitution, and hence this court has no authority over him. Explain which court must decide whether Geoff has such rights under the Constitution, and why that court is involved. What would be the effect of a court actually determining that he did have a right of freedom of speech under the Constitution? What if the court made a decision which the government found to be unreasonable under current opinion? [Look at the hierarchy of the court system, the role of the High Court, and the role of parliament in interacting with court decisions]

Answer 3) As per the common law of Australian legal system, each individual of Australia has the right to provide his opinion but freedom of speech has only been implied by the constitution and are not protected explicitly. High court has been given the authority to decide the validity of the freedom of speech that is whether any party has the right of freedom of speech (Born, 2021). In the given case, George has been appeared before the Magistrate court by the Australian Judicial system to decide his right as per the constitution that is not correct and the Magistrate court has not vested the power to decide the above case. So, George should be brought before the High court for the judgement and not on Magistrate court. The Australian legal system has permitted recreational system of duck hunting. The nature of the freedom of speech has to be considered before deciding the limitation or the right given to individual on freedom of expression. If the court in this case decide that George actually have the right of freedom of speech then the court decision will be valid and will not be considered void ab initio or voidable at the option of any other party. If the Australian government found that court decision is unreasonable under current opinion then the government does not interfere in the court judgement and are not allowed to change the judgement. References Born, G. B. (2021). International arbitration: law and practice. Kluwer Law International BV. Twomey, D. P., Jennings, M. M., & Greene, S. M. (2021). Anderson's Business Law & The Legal Environment-Comprehensive Edition. Cengage Learning.

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Question 3 Geoff is a protester who is against duck hunting in Victoria. Geoff disrupts all duck hunting events, and is eventually arrested for disturbing the peace; he is brought before the Magistrate’s Court. Geoff claims his right of freedom speech under the Australian Constitution, and hence this court has no