Hopes v Australian Securities and Investments Commission

[2017] WASCA 108

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal
3. › Appeal against conviction
4. › Extension of time
5. › Springing order
6. › Non-compliance
7. › Whether extension of time should be granted
8. › Whether proposed appeal has merit
9. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(ii)
1. Constitutional Law (Cth)
2. › Royal style and titles
3. › Validity of legislation
4. › Whether change in royal style and titles affects validity of Royal Assent
5. › Whether Royal Style and Titles Act 1973 (Cth) worked a fundamental constitutional change
6. › Royal Style and Titles Act 1973 (Cth)
7. › Royal Style and Titles Act 1947 (WA)

Quick Take

A change in the royal style and titles of the monarch is a change of form rather than substance and does not alter the constitutional status of the Crown or the Queen. Arguments that legislation is invalid because Royal Assent was given in the name of the 'Queen of Australia' rather than some other title are seriously misconceived and do not provide a reasonable excuse for non-compliance with statutory obligations.