Ralf Lavender v NSW Department of Industry; Jack Lavender v NSW Department of Industry [2017] NSWDC 236

District Court New South Wales

Medium Neutral Citation: Ralf Lavender v NSW Department of Industry; Jack Lavender v NSW Department of Industry [2017] NSWDC 236 Hearing dates: 18 August 2017 Date of orders: 01 September 2017 Decision date: 01 September 2017 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Appeals dismissed, orders of Local Court confirmed. Catchwords: Appeal - Threaten fisheries officer, fail to comply with Fisheries legislation, Constitutional issues, has the Constitution been doctored?, power of Commonwealth Parliament to delegate Constitutional powers, power of New South Wales Parliament to legislate over external waters, validity of Fisheries Arrangements made between New South Wales and the Commonwealth, applicability of debates from House of Commons in 1900, is an abalone a mollusc? Legislation Cited: Arrangement between the Commonwealth of Australia and the State of New South Wales in relation to the Mollusc Fishery 1990 Australia Act 1986 Crimes (Appeal and Review) Act 2001 District Court Act 1973 Evidence Act 1995 Fisheries Management Act 1994 (NSW) Fisheries Management (Abalone Share Management Plan) Regulation 2000 Judiciary Act 1903 Marine Estate Management Act 2014 (NSW) The Commonwealth of Australia Constitution Act Cases Cited: AG v Director of Public Prosecutions (NSW) [2015] NSWCA 218 Babbington & others v Commonwealth of Australia [2016] FCAFC 45 Bignill v DPP [2016] NSWCA 13 Dyason v Butterworth [2015] NSWCA 52 at [27] Fox v Percy (2003) 214 CLR 118 Gianoutis v Glykis (2006) 65 NSWLR 539 at [39] R v XY [2013] NSWCCA 121 at [34] Category: Principal judgment Parties: Ralph Lavender (Appellant) Jack Lavender (Appellant) NSW Department of Industry (Respondent) Representation: Appellants self represented Counsel (Respondent): Mr J Emmett & Mr J Klarica