The Brett Cattle Case: Exploring the limits of delegated law-making powers

BY JANINA BOUGHEY

Justice Rares’s judgment in Brett Cattle Company Pty Ltd v Minister for Agriculture [2020] FCA 732 (“Brett Cattle”) has attracted a lot of attention for being a “landmark” ruling on the tort of misfeasance in … Read the rest

Can the new Queensland Human Rights Act combat the rising number of school exclusions?

BY DANIELLE ILIFFE AND LINDSEY STEVENSON-GRAF

An increase in school suspensions and expulsions in Queensland has generated concern from those working with youth in the community legal sector. Such practices disproportionately impact vulnerable groups, such as Indigenous youth, and increase Read the rest

Public Law Events Roundup July 2020

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

Will the Heydon scandal finally produce judicial appointments reform?

 BY ANDREW LYNCH

This week’s shocking revelations about the complaints of sexual harassment of young female associates working for Justice Dyson Heydon in his years on the High Court have prompted many reactions. Foremost has been admiration for the bravery … Read the rest

Is it unconstitutional for the Commonwealth to gag community lawyers?

BY JACK MAXWELL

The Commonwealth Government prevents community lawyers from campaigning about systemic legal issues. This is misguided, because it hampers their efforts to tackle those problems. This post argues that it is also unconstitutional, because it violates the implied … Read the rest

Palace Letters are Commonwealth Records: A Victory for Democratic Transparency

BY MARIA NAWAZ

Introduction

On 29 May, the High Court handed down its decision in Hocking v Director-General of the National Archives of Australia [2020] HCA 19. In an emphatic  6:1 decision, the Court held that correspondence known as the … Read the rest

Border closures, COVID-19 and s 92 of the Constitution – what role for proportionality (if any)?

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

Public Law Events Roundup June 2020

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

Government Under Law: Smethurst v Commissioner of Police

BY JEFF GORDON

Is it consistent with the rule of law that a grave overstep of government power is merely paid for when it can be easily reversed? In Smethurst v Commissioner of Police [2020] HCA 14, the High Court … Read the rest

Tasmania’s Subordinate Legislation Committee fails to provide democratic accountability during the COVID-19 emergency

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

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