Category: Judiciary (page 1 of 4)

Witnesses J, K – and L? Open Justice, the NSI Act and the Constitution

BY KIERAN PENDER

In the preface to a collection of criminal cases published in 1730, barrister and writer Sollom Emlyn sung the praises of the British legal system. ‘In other countries the Courts of Justice are held in secret; with … Read the rest

Launch of the Feminist Judgments and Critical Judgments Projects website!

BY GABRIELLE APPLEBY AND ROSALIND DIXON

Last week, the Gilbert + Tobin Centre of Public Law was delighted that the Hon. Margaret McMurdo AC launched the Feminist Judgments and Critical Judgments Projects website (www.criticaljudgments.com). Margaret was the first … Read the rest

Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics [2021] NTSCFC 4: The ‘Direction Principle’ Diminished?

BY TRISTAN TAYLOR

Introduction

In 1996, the High Court struck down the validity of an ad hominem continuing detention legislative regime in the landmark case of Kable v Director of Public Prosecutions (1996) 189 CLR 51 (Kable). The … Read the rest

Overcoming Graham: The s 75(v) constitutional guarantee and non-disclosure in migration and citizenship decisions

BY ISOLDE DANIELL

The Migration and Citizenship Legislation Amendment (Strengthening Information Provisions) Bill 2020 (Cth) (the Bill) was introduced to the Commonwealth House of Representatives on 10 December 2020. It has since been considered by the Senate Standing … Read the rest

Minister for Home Affairs v Benbrika [2021] HCA 4

BY JAMES STELLIOS

Continuing detention in Australian constitutional law

The 1996 decision of the High Court in Kable v Director of Public Prosecutions (1996) 189 CLR 51, striking down the validity of the Community Protection Act 1994 (NSW), … Read the rest

Apprehended bias and the nuclear effect – lessons from the New Acland proceedings

BY WILLIAM ISDALE AND NICHOLAS SIMOES DA SILVA

On 3 February 2021, the High Court delivered its judgment in Oakey Coal Action Alliance Inc v New Acland Coal Pty Ltd [2020] HCA 2 (‘New Acland HCA’). The decision arose out … Read the rest

The High Court and Respect for Australian South Sea Islanders

BY PETER PRINCE AND EVE LESTER

it is imperative…that the common law should neither be nor be seen to be frozen in an age of racial discrimination
Justice Brennan, Mabo v Queensland [No 2] (1992)

Participants in the … Read the rest

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

“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

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