The National Cabinet: Presidentialised Politics, Power-sharing and a Deficit in Transparency

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here.Read the rest

Australia’s first trilingual statute

BY SHIREEN MORRIS AND JULIAN R MURPHY

With public attention firmly focused on the pandemic response, there was little fanfare when Victoria recently passed what appears to be Australia’s first trilingual statute – the Great Ocean Road and Environs Protection Read the rest

Public Law Events Roundup October 2020

Welcome to the October edition of the AUSPUBLAW Australian Public Law Events Roundup. The events in this roundup were compiled in late September. Due to the evolving nature of responses to COVID-19, some of the below events may have been … Read the rest

“You CAN handle the … trial of defence members for any offence,” High Court tells Military Tribunals

BY STEPHEN MCDONALD

Introduction

The Commonwealth Constitution embodies a separation of judicial power from executive and legislative power. While the boundaries between each species of power are not sharply defined, it has long been accepted that “convictions for offences Read the rest

Sorry, not sorry: the operation of WA’s Aboriginal Heritage Act

BY JOHN SOUTHALAN

Western Australia’s Aboriginal Heritage Act (the Act) has the stated aim to provide for ‘the preservation, on behalf of the community, of places…traditional to the original inhabitants of Australia’. However, the Act’s use has facilitated the … Read the rest

Clive Palmer takes a sovereign risk challenging the authority of WA Parliament

BY NATALIE BROWN

This is the second post AUSPUBLAW is publishing on the Palmer Act. The first post provides an overview of the legislation and its background.

 On 13 August 2020, the Western Australian Parliament amended the Mineralogy State AgreementRead the rest

Should an ongoing criminal investigation bar the return of unlawfully seized property?

BY JULES O’DONNELL

Earlier this year, the High Court unanimously ruled that the Australian Federal Police (AFP) had unlawfully searched journalist Annika Smethurst’s home in 2018. The Court held that the warrant for the search was invalid because it did … Read the rest

Public Law Events Roundup September 2020

Welcome to the September edition of the AUSPUBLAW Australian Public Law Events Roundup. The events in this roundup were compiled in late August. Due to the evolving nature of responses to COVID-19, some of the below events may have been … Read the rest

The Palmer Act

BY NICK SEDDON

This post introduces a very strange story. It is about the Western Australian government’s legislative attempt to shut down Mr Clive Palmer’s arbitration claims to an estimated $30 billion, an amount that is about equal to the … Read the rest

Turning lawyers into judges is a public responsibility

BY JESSICA KERR

Much is expected of judicial officers in Australia. They are unique public figures holding an ‘extraordinary, status-based position’, a focal point for discussions of confidence in the justice system and the strength of national commitment … Read the rest

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