I see the $18k remedy as a very small win and almost a finger in the face. I was of the understanding that trespass can come with $400k-$600k fines.
Depends on the damages proved.
It is also interesting that the court suggested the following:
While the High Court of Australia further ruled in 2008’s Kuru versus the State of New South Wales that “police officers have no special rights to enter land, except in cases provided for by the common law and by statute”.
How does Statute have any bearing against Common Law Rights? Its completely different Jurisdiction is it not?
Correct… the court means, either there is a common law right or there is a statue right.. they are not saying there is a statute right, they are just saying if there is a statute right then ok…
I had/have 3 No Trespass signs up on my property and you can see the Police reading the signs and Council had also read it and then looked at each other laughed and waked right on into my place suggesting their warrant overrides my notice and my signs meant nothing to them.
Yes, a warrant is a statute right… but the warrant can only be effective on corporate land… not common land or land in fee simply owned by a living man woman or registered company…