Author: AUSPUBLAW (page 1 of 20)

Joint sittings, common fund orders and comity

BY ANNA OLIJNYK

Something unusual happened in Sydney on 4 and 5 February this year. The Full Court of the Federal Court and the New South Wales Court of Appeal sat together, in the same courtroom, to hear two matters: … Read the rest “Joint sittings, common fund orders and comity”

AAT: Importance, Independence and Appointments

BY NARELLE BEDFORD

Introduction

The Commonwealth Administrative Appeals Tribunal (AAT) commenced operations in 1976. Over time its jurisdiction has been expanded and it now reviews a vast array of federal government decisions made under more than 400 Acts. The AAT … Read the rest “AAT: Importance, Independence and Appointments”

Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo

BY SEAN BRENNAN

With the handing down of the High Court appeal decision in Northern Territory v Griffiths on 13 March, the Ngaliwurru and Nungali peoples came to the end of a long road. They began court action 20 years … Read the rest “Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo”

Where to Next? Native Title Compensation following Timber Creek

BY AARON MOSS AND WILLIAM ISDALE

In Griffiths v Northern Territory [2019] HCA 7 (Timber Creek), the High Court delivered its first judgment regarding the compensation provisions in Part 2 of the Native Title Act 1993 (Cth) (the … Read the rest “Where to Next? Native Title Compensation following Timber Creek”

Public Law Events Roundup April 2019

Welcome to the April edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thankyou to the Gilbert + Tobin Centre of Public Law’s social justice intern, Rosie Short, for compiling this roundup.

Remember, if you have an AUSPUBLAW … Read the rest “Public Law Events Roundup April 2019”

Wrong place, wrong time: The next logical step in environmental, planning and climate change jurisprudence

BY MATT FLORO AND JASPER BROWN

On 8 February 2019, Chief Judge Preston of the NSW Land and Environment Court (LEC) handed down his landmark decision in Gloucester Resources Limited v Minister for Planning [2019] NSWLEC 7 (… Read the rest “Wrong place, wrong time: The next logical step in environmental, planning and climate change jurisprudence”

The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection

BY JAMES BARRETT

Notoriously, Aboriginal people have been forced to live by Australian law. Surprisingly, Australian law may force Aboriginal people out of Australia.

Such is the predicament of Mr Justin Hands, an adopted member of the Aboriginal community at … Read the rest “The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection”

Public Law Events Roundup March 2019

Welcome to the March edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thankyou to the Gilbert + Tobin Centre of Public Law’s social justice intern, Rosie Short, for compiling this roundup.

Before we get to the events … Read the rest “Public Law Events Roundup March 2019”

It’s Personal – the ‘Palace Letters’ to Remain Hidden and So Too Will Scrutiny of Constitutional Process

BY LOU DARGAN

In Hocking v Director-General of the National Archives of Australia, a divided Full Federal Court (Allsop CJ and Robertson J, Flick J dissenting) ruled that the Palace Letters – the correspondence between Sir John Kerr and … Read the rest “It’s Personal – the ‘Palace Letters’ to Remain Hidden and So Too Will Scrutiny of Constitutional Process”

Commercial native title rights in 2018: a belated new dawn

BY PATRICK McCABE

2018 saw a potentially important development in Australian native title law that has been emerging since 2013 move towards maturity. That development is the recognition of commercial native title rights in native title determinations. It is a … Read the rest “Commercial native title rights in 2018: a belated new dawn”

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