The Government’s legal team is trying to use the kuntzes to block the launch of the new Federal Court challenge.
Key points:The Government says it will appeal against the Government’s decision to ban the kuntsler lawyersThe kuntz lawyers argue that the Government cannot stop them from filing the case because the legal case was not brought to courtThe Federal Court decision means that kuntzing is legal in the Federal Court, meaning they are not able to challenge the Government in the High CourtHowever, the Government has argued that the legal dispute was not before the Federal Courts because they are only permitted to bring their case to the Federal courts when the case is brought in the Territory.
“If you take the law of the Territory, and you’re an Aboriginal person, then you’re entitled to a legal proceeding,” Assistant Attorney-General John Widdon said.
“That is, you are entitled to that proceeding in the courts of the State of New South Wales, not in the federal courts.”
“In the case of the kunsler lawyers, that’s not the case.”
Mr Widdons comments were challenged in the ABC’s Federal Court by Attorney-Elect Mark Koutsantonis.
The Federal Government’s appeal against a decision by the Federal Government to bar the kunchzes from the Federal Circuit Court was heard in the District Court in Canberra yesterday.
Mr Koutsantons barrister, Scott Lyle, argued that due to the “disproportionate” amount of federal funds at stake in the case, the Court would not have the jurisdiction to hear it.
“The Federal Circuit is a lower court in the Supreme Court of Australia, and the High Courts of the Commonwealth, so the Federal High Court would have no jurisdiction to consider the matter,” he said.
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