BY On 1 September 2021, the High Court handed down its judgment on a novel question of statutory interpretation in Director of Public Prosecutions Reference No 1 [2021] HCA 26 (DPP Reference No 1). The question … Read the rest
Category: Judiciary (page 1 of 4)
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
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
BY 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
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
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
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
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
‘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 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
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