Author: AUSPUBLAW (page 1 of 29)

What are the limits of hypothetical (federal) jurisdiction?

BY MICHAEL DOUGLAS

‘The first duty of any Court, in approaching a cause before it, is to consider its jurisdiction’.

So said Isaacs ACJ in Hazeldell Ltd v Commonwealth (1924) 34 CLR 442, 446. With reference to that orthodoxy, … Read the rest

Northern Land Council v Quall – implications for the exercise of statutory functions by corporations

BY WILLIAM ISDALE AND SAMUEL WALPOLE

On 7 October the High Court delivered its judgment in Northern Land Council v Quall [2020] HCA 33 (NLC v Quall). On its face, the decision is about whether or not certain … Read the rest

The pandemic and the public trust

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 November 2020

Welcome to the November edition of the AUSPUBLAW Australian Public Law Events Roundup. The events in this roundup were compiled in late October.

Before we get to the events roundup, we would like to draw your attention to the following … Read the rest

How should a court respond to an immaterial error of law?

BY LISA BURTON CRAWFORD

In the recent case of ABT17 v Minister for Immigration and Border Protection, the High Court unanimously held that a decision of the Immigration Assessment Authority (‘IAA’) to refuse a protection visa to the applicant … Read the rest

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

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