THIS IS NOT SPECIFIC LEGAL ADVICE AND PLEASE SEE A LAWYER BEFORE TAKING OR DEFENDING AN ACTION - The law of trespass will be determined by the respective laws of your state or territory. But there are some Australian High Court cases that have looked into the law of trespass. I will address some of these points in the coming posts, but please note this NOT SPECIFIC LEGAL ADVICE rather general information for your education. High Court Rulings on Trespass
In Robson v Hallett [1967] 2 QB 939, Lord Parker CJ said (at 951):
"the occupier of any dwelling-house gives implied licence to any member of the public coming on his lawful business to come through the gate, up the steps, and knock on the door of the house." This implied licence extends to the driveway of a dwelling-house. However, the licence may be withdrawn by giving notice of its withdrawal. A person who enters or remains on property after the withdrawal of the licence is a trespasser.”
A sign at your front entrance clearly indicates that you do not give permission unless by invitation therefore entry is prohibited. Information from QLD has indicated that the police will enter through an open gate regardless of the sign, but cannot open one. Therefore, keep your gates closed. Police have also indicated that they cannot deliver a summons past a proper Trespass sign unless a felony has been committed under the Crimes Act and a warrant issued.
“The very limited nature of a constable's right to enter private property for the purpose of arrest is by itself a compelling argument for holding that, without making major changes to the law, the common law cannot logically recognise the service of a summons as a ground for entering premises against the will of the occupier. It would be incongruous for the common law to permit entry for the purpose of arrest in a few cases only but to permit entry for the purpose of serving a summons in every case whatsoever.”
Lord Edmund-Davis in Morris v Beardmore stated: “If the courts of common law do not uphold the rights of individuals by granting effective remedies, they invite anarchy, for nothing breeds social disorder as quickly as the sense of injustice which is apt to be generated by the unlawful invasion of a person’s rights, particularly when the invader is a government official.”
Every Australian Parliamentary Act now states that, under that Act, public officials may enter your property for the purposes of that Act. I will turn to this question in subsequent posts.
And remember, Lord Coke’s quote “Common Law doth control Acts of parliament and adjudges them when against Common Right to be void.”
In Robson v Hallett [1967] 2 QB 939, Lord Parker CJ said (at 951):
"the occupier of any dwelling-house gives implied licence to any member of the public coming on his lawful business to come through the gate, up the steps, and knock on the door of the house." This implied licence extends to the driveway of a dwelling-house. However, the licence may be withdrawn by giving notice of its withdrawal. A person who enters or remains on property after the withdrawal of the licence is a trespasser.”
A sign at your front entrance clearly indicates that you do not give permission unless by invitation therefore entry is prohibited. Information from QLD has indicated that the police will enter through an open gate regardless of the sign, but cannot open one. Therefore, keep your gates closed. Police have also indicated that they cannot deliver a summons past a proper Trespass sign unless a felony has been committed under the Crimes Act and a warrant issued.
“The very limited nature of a constable's right to enter private property for the purpose of arrest is by itself a compelling argument for holding that, without making major changes to the law, the common law cannot logically recognise the service of a summons as a ground for entering premises against the will of the occupier. It would be incongruous for the common law to permit entry for the purpose of arrest in a few cases only but to permit entry for the purpose of serving a summons in every case whatsoever.”
Lord Edmund-Davis in Morris v Beardmore stated: “If the courts of common law do not uphold the rights of individuals by granting effective remedies, they invite anarchy, for nothing breeds social disorder as quickly as the sense of injustice which is apt to be generated by the unlawful invasion of a person’s rights, particularly when the invader is a government official.”
Every Australian Parliamentary Act now states that, under that Act, public officials may enter your property for the purposes of that Act. I will turn to this question in subsequent posts.
And remember, Lord Coke’s quote “Common Law doth control Acts of parliament and adjudges them when against Common Right to be void.”