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 “Joint sittings, common fund orders and comity”
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 “Wrong place, wrong time: The next logical step in environmental, planning and climate change jurisprudence”
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 “What is Administrative Law About? Power, Rights, and Judicial Culture in Australia”
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 “The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference”
BY AARON MOSS
As the 2018 legal year kicks off, one inevitably begins to reflect upon the year that was, and the year that will be. As this post will demonstrate, 2017 was a particularly significant year for native title … Read the rest “Looking forward, looking back: Native Title in 2017 and 2018”
BY HENRY COOPER
… Read the rest “‘For Your Private Consideration’: Secret Documents and the Public Meaning of the Constitution”It is requisite that [a] resolution be notified to the people who are to obey it. … [I]t is incumbent on the promulgators to do it in the most public and perspicuous manner; not like Caligula, who
The High Court has recently handed down three decisions in its unusual jurisdiction hearing appeals from the Supreme Court of Nauru. BRF038 v Republic of Nauru (delivered 18 October 2017) and HFM045 v Republic of Nauru (delivered … Read the rest “Appeals to Australia from Nauru: The High Court’s Unusual Jurisdiction”
BY LUKE BECK
The High Court almost never gives proper reasons for its decisions on applications for special leave to appeal. In a new article in the University of New South Wales Law Journal, I argue that this … Read the rest “High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons”
Justice Edelman has only been on the High Court for a matter of months but he has already sat on a number of significant constitutional cases, and there are more on the horizon. The newest … Read the rest “Justice Edelman’s originalism, or hints of it”
Last week’s Cabinet reshuffle in Tasmania might have passed by mainland Australians. It was one made in clearly ‘challenging circumstances‘ for the Government; with one Cabinet Minister quitting politics for family reasons and the other … Read the rest “Mistake to consolidate Premier and Attorney-General portfolios”
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