Case :Cotterill v Romanes [2021] VSC 498 The assignment question/ instructions F

Case :Cotterill v Romanes [2021] VSC 498
The assignment question/ instructions
For the case allocated to you, answer the following five questions (each weighted equally):
Q.1 What were the opposing sides arguing over? What outcome did each party want, and what constitutional arguments did each advance to support its case? (Note that there may be more than two parties in constitutional cases as e.g., State Attorneys-General may obtain leave to intervene).
Q.2 What were the main weaknesses in each side’s arguments? In other words, how would you (if you were counsel for one party) have sought to refute each argument put by an opposing party? Eg, what bad consequences might flow if the High Court were to adopt the interpretative approach that party is urging?
Q.3 Which side won? Which side do you think should have won? Give reasons for your conclusion, whether you agree with the court’s conclusion or dissent from it. Note that a party may win on some points but lose on others.
Q.4 In what way(s) might Australia be a different society today if the High Court had ruled the other way?
Q.5 Is this decision still “good law” as a precedent? Or has it already been overturned by the High Court? Or, if not, would it probably be reversed by the current High Court if this case were re-litigated today?
Give reasons for your answers, citing statute and case law as authority, and address the strongest counter-arguments.
Note that this assignment calls for critical thinking and deeper analysis. Summarising the judgement is only the beginning.