With most important introductory comments by
Charles Goodwin
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Firstly, we urge all Australians who either own, or aspire to own a property in Australia to read Charles Goodwin's article re: the potential complexities of property law in a future Australian Republic. We believe what Charles has to say is of National importance, regardless of one's personal persuasion to Australia becoming a republic or not.
We feel that these important and somewhat alarming property issues raised in the article need not only to be addressed thoroughly, but once resolved as Charles suggests, an education program be instigated so that every Australian can become properly informed, before once again being asked to vote on any issue relating to a republic.
It appears the majority of Australians are under the impression that once their home or real estate is "paid off", they own their land "freehold". Yet, if Charles Goodwin is correct, it appears "Freehold land" simply does not exist in Australian property law. Instead, most of us hold our land as
"an estate in fee simple". An estate in fee simple is currently "vested" in the "Crown" (as currently defined).
As Charles states, the problems begin to occur when one asks the simple but important question, "Under a proposed republic where is land then vested?
Would land be vested in the Government via a more limiting definition of the Crown?
Would land be vested in the President?
Would or could it even revert to native title?
What could be the future ramifications of any of these proposals?
Can we legally (beyond challenge) change the property status in Australia? Is bringing in Freehold (allodial) Title for one's own residential dwelling either an option or possible?
The ramifications seem enormous and clearly need to be debated. Hence one of the primary reasons for this forum being established .
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Will Australia also need a Bill of Rights?
Click on above image to view the US Bill of Rights
BBC NEWS
Friday, 26 October, 12:43 GMT 13:43 UK
Voting compulsory for Australians
"Australians are going to the polls in great numbers - nearly all the 12.6m registered to do so.
The average turn-out rate is usually more than 95%, which was only exceeded by the mock-elections of countries under communist rule.
Australia, like the former communist countries, has compulsory voting. It has been a legal obligation for all eligible voters to cast their votes since 1924 - and abstainers without a good reason can be fined up to $50 (Aus)."
Is compulsory voting
well past its use by date?
Compulsory voting: a useful target for anti-state action?
Brian Martin
Excellent resource article
Compulsory Voting - an issue in Australian Politics
Australian Electoral Commission
Fact Sheet
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