Question
Hello, this is my first ever case law question. I am mentally exhausted. I am quite an articulate and creative person, however my mind is
Hello, this is my first ever case law question. I am mentally exhausted.
I am quite an articulate and creative person, however my mind is overloaded.
Learning the 'Foundations of Law' in a short amount of time, from researching a lot of bills.
I am poor in learning the technical aspect of the Law and writing. Especially with Admin Law.
This is a like an exam type of question. Short answer. I would like to have bit of quality in my work.
This is the method, I would use. Could you answer in this structure?
Conclusion (Argument), Rule, Application, Rebuttal and Refutation, Conclusion (Persuasive)
I am quite passionate about Law. I taken the time to understand concepts. Precedence.
I am good with interpreting Law. I think, I know the answer to this question. I think no, due to s109?
Feels like, I am missing something. Have trouble applying this knowledge, to the question.
Is there any crucial tips in how to apply Law in answering future case law questions, for a first year law student?
Thank you so much.
Inconsistencies between statute law and common law
In the case ofPrivacy Commissioner v Telstra Corporation Limited [2017] FCAFC 4, the Federal Court dismissed an appeal from the Office of the Australian Information Commissioner to consider the meaning of 'personal information' and any guidance on what may be considered 'personal information' in the terms of the Commonwealth Privacy Act 1988 (Cth).
In this case, the Office of the Australian Information Commissioner appealed to the Federal Court for a definition of personal information in the courts. The Commissioner formed the view that ongoing uncertainty about this term would be unreasonable for businesses and agencies seeking to meet their obligations under the Privacy Act 1988 (Cth),, and that clarification by a court was needed.
- If the Federal Court had not dismissed the case, and had clarified the definition of 'personal information' in terms of what is in the Privacy Act 1988 (Cth), would the new common law definition and clarification of 'personal information' take precedence over the definition of 'personal information' in the Privacy Act 1988(Cth),? Explain.
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