Category: Federalism

Northern Rights, Southern Law: Queensland’s proposed new human rights statute

BY JEREMY GANS

Introducing a bill to fulfil a two-year-old election pledge on a Wednesday morning, the Queensland Premier labelled it ‘the best and surest means of maintaining for us and our posterity the human rights declared by the … Read the rest

The Noongar Settlement: Two Lessons for Treaty Making in Australia

BY HARRY HOBBS

On 17 October 2018, Australia’s largest native title settlement moved a step towards implementation, when the Native Title Registrar accepted the Noongar Settlement for registration in the Native Title Register. The culmination of many years of … Read the rest

Public Accountability over major mining projects in Queensland

BY NARELLE BEDFORD

The Adani mine has become synonymous with the ‘lawfare’ debate and issues relating to the suitability of review of mining decisions by courts. The first of the judicial review actions relating to Adani resulted in a consent Read the rest

South Australia’s Royal Commission provides ‘blue print’ to challenge Basin Plan

BY ADAM WEBSTER

At the end of April, the South Australian Royal Commission into the Murray-Darling Basin released its second issues paper. The issues paper focuses on the legal construction of the Water Act 2007 (Cth) and calls into … Read the rest

Burns v Corbett: Courts, tribunals, and a new implied limit on state legislative power

BY STEPHEN MCDONALD

In Burns v Corbett, the High Court unanimously held that State tribunals that are not State courts cannot exercise judicial power with respect to any of the classes of matters listed in ss 75 and 76 … Read the rest

The Uluru Statement: Towards Federalism with First Nations

BY DYLAN LINO

A momentous thing happened on 26 May 2017. Gathered together in the shadow of Uluru for an unprecedented National Constitutional Convention, over 200 Aboriginal and Torres Strait Islander delegates ‘coming from all points of the southern sky’ … Read the rest

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Creating new states from Australia’s existing states

anna-rienstra-and-george-williams

BY ANNA RIENSTRA AND GEORGE WILLIAMS

Should Australia have more states? This question has recently resurfaced in Queensland, where last week Robert Katter of Katter’s Australia Party unsuccessfully moved a motion in the Parliament to create a new state in … Read the rest

Northern Territory Statehood Push Offers Opportunity for Community Reflection

ken_parishBY KEN PARISH

Statehood for the Northern Territory is on the national political agenda again, with the Council of Australian Governments having voted unanimously in July to support a renewed statehood process (albeit with no assurances as to the outcome).  … Read the rest

Federalism Reform: Pathways and Obstacles

NAroneyBY NICHOLAS ARONEY 

The government’s Reform of the Federation White Paper process is now in full swing. With the Green Paper due soon and the White Paper possibly by the end of the year, this post offers two contributions to … Read the rest

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