Category: Judiciary (page 1 of 3)

“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

Turning lawyers into judges is a public responsibility

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

Will the Heydon scandal finally produce judicial appointments reform?

 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

Courts and COVID-19: Challenges and Opportunities in Australia

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

Creeping Normalisation: Vella v Commissioner of Police (NSW)

BY DANIEL REYNOLDS

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

Picking up where Rizeq left off: Masson v Parsons [2019] HCA 21, s 79 of the Judiciary Act and the “otherwise provides” test

BY CELIA WINNETT

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

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

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

What is Administrative Law About? Power, Rights, and Judicial Culture in Australia

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

The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference

BY JUSTIN GLEESON SC

 

This post is a keynote paper that was delivered by Justin Gleeson SC at the 2018 Constitutional Law Conference in Sydney. Noting that other papers at the conference covered individual cases from 2017, Mr Gleeson Read the rest

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