|
Legal Updates
The following are links to matters
that may be of particular interest to members of the Fellowship:
The following cases deal with
endorsement as a charitable institution under the relevant tax
legislation:
Victorian Womens Lawyers' Association v Commisioner of
Taxation
Full Federal Court Decision in the Word Investments Case
First Instance Federal Court Decision Word Investments Case
High Court wrongful life decisions:
Waller v James
Waller v Hoolahan
Amendments to definition of a charity
passed. From 1 July 2004 the definition of charity extended to
include:
- organisations providing non-profit child care
available to the public
- open and non-discriminatory self-help bodies
that are for charitable purposes only, and
- closed or contemplative religious orders that
offer prayerful intervention for the public,
Islamic Council of Victoria v Catch the Fire Ministries -
Victorian case as to whether comments made in a seminar by a
Christian organisation regarding Islam constituted a breach of the
Victorian Religious and Racial Tolerance Act 2001.
Portsmouth NHS Trust and Derek Wyatt and Charlotte Wyatt by her
Guardian and Southampton NHS Trust [2004] EWHC 2247 (Fam)
English High Court case regarding refusing further treatment for
prematurely born child
Amicus MSF Section, R (on the application of) v Secretary of State
for Trade and Industry [2004] EWHC 860 (Admin) (26 April 2004 )
English High Court case dealing with the discrimination by Christian
Organisations in their employment practices and how the "religious
exemption" in the Employment Equality (Sexual Orientation)
Regulation (made under the European Communities Act 1972) is to be
interpreted
Charities
Definition Exposure Draft
Cattanach v Melchior [2003] HCA 38 (16 July 2003) -
High Court decision regarding compensation for cost of raising child
Gardiner; re BWV [2003] VSC 29 May 2003 -
Victorian Supreme Court decision on withdrawal of treatment.
Bellinger v Bellinger - House of Lords decision
declining to recognise as a marriage a relationship involving a
pre-operative transexual.
BWV - Victorian Civil and Administrative
Tribunal, Human Rights Division case on withdrawal of treatment.
Re Kevin - Full
Court of the Family Court of Australia upholding decision of
Chisholm J which recognised as a marriage a relationship involving a
post-operative transexual.
Court of Appeal Queensland follows
Lynch v Lynch (1991)
25 NSWLR 411 in
Bowditch v McEwan and Ors [2002] QCA 172
Wrongful Life decisions
handed down by Justice Studdert:
Edwards v Blomeley [2002] NSWSC 460
Harriton v Stephens [2002] NSWSC 461
Waller v James [2002] NSWSC 462 IVF Access case - Re
McBain; Ex parte Australian Catholic Bishops Conference; Re McBain;
Ex parte Attorney Generalr
Diane
Pretty right to assisted suicide European Court of Human Rights
decision
British
High Court Right to Die decision - Mrs B
Human
cloning: scientific, ethical and regulatory aspects of human cloning
and stem cell research
The
NSW Legislative Council Standing Committee on Law and Justice report
on a NSW Bill of Rights
Diane
Pretty right to be assisted to suicide House of Lords Decision.
Family
Court of Australia Decision on transexuality and validity of
marriage (Re Kevin)
Rights of the Terminally Ill Bill (NSW)
Racial
and Religious Tolerance Act 2001 (Vic) Queensland
Religious Vilification amendments
Report
of the Inquiry into the definition of charities and related
organisations
("the Sheppard Report)"
Supreme
Court of California decision in relation to Robert Wendland and
withdrawal of food and fluids
|
