‘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
Category: Judiciary (page 1 of 3)
“You CAN handle the … trial of defence members for any offence,” High Court tells Military Tribunals
BY 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
BY JESSICA KERR
Much is expected of judicial officers in Australia. They are unique public figures holding an ‘extraordinary, status-based position’, a focal point for discussions of confidence in the justice system and the strength of national commitment … Read the rest
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
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
BY … Read the rest
On 6 November 2019, by majority, the High Court dismissed a challenge to the constitutionality of s 5(1) of the Crimes (Serious Crime Prevention Orders) Act 2016 (NSW) (the Act). The challenge was brought on … 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 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
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
BY JOE MCINTYRE
Administrative Law has always exposed difficult constitutional fault lines. As the role of the State expanded, courts improvised responses to affect a broadly effective system of legal accountability for executive action. This evolution has, however, left a … Read the rest
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