The latest Flora newsletter dealing with Common Law Rights, Maritime Law, Habeus Corpus and the Magna Carta and trespass.

Flora newsletter dealing with Common Law Rights, Maritime Law, Habeus Corpus and the Magna Carta.

Flora newsletter dealing with Common Law Rights, Maritime Law, Habeus Corpus and the Magna Carta.

High Court of Australia 1991 ruling on the rights of Landowners and trespass on private property.

Australia is a Common Law country, and property-owners have rights at law, particularly through the High Court ruling by Mr Justice Kirby in September 1998. Property owners whose land is held under Deeds in Fee Simple have the right to refuse to agree to the takeover of their land for this or any other purpose.

This handbook has been created because there is a very clear need today for citizens to know more about their rights. In the modern state our rights and freedoms will face new and unanticipated demands. Our rapidly changing world will mean that rights that we have taken for granted will come under new pressures. Our concept of rights will no doubt change. Because of this state of change, citizens will need—more than ever before—an up-to-date understanding of their basic rights. Citizens will also need to know how to enforce their rights and how to enhance their rights where they do not feel that they are sufficiently protected. We—the Legal, Constitutional and Administrative Review Committee of the Queensland Parliament— have produced this handbook Queenslanders’ Basic Rights to do all of these things. Our aim is that this handbook will inform citizens about their rights and give them an awareness of their responsibilities as citizens. We also hope that this handbook will provide a basis upon which citizens can build particular rights.

By definition - a trespass will occur whenever there is interference with another's exclusive possession of property, regardless of whether any damage has been done. The principles associated with trespass have been recently reaffirmed by the High Court in Australia in Plenty v Dillon. The high Court has held that without the consent of the person in possession, or entitled to possession of land, and without any implied leave or licence, the common law does not entitle anyone to go onto another person's land.

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