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
Category: Federalism (page 1 of 2)
BY NICHOLAS ARONEY AND DANIEL WHITMORE
In May 2019 the High Court of Australia held by majority (Kiefel CJ, Bell, Gageler and Keane JJ) that a provision of the Commonwealth electoral law was invalid, on the basis that it was … Read the rest
BY In Rizeq v Western Australia (‘Rizeq’), the High Court seized the opportunity to resolve some of the doubts that had “regrettably” (at [39]) arisen concerning the operation of s 79 of the Judiciary Act 1903 (Cth)… Read the rest
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
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
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
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
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
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
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
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