Category: Judiciary (page 1 of 3)

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

Looking forward, looking back: Native Title in 2017 and 2018

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

‘For Your Private Consideration’: Secret Documents and the Public Meaning of the Constitution

BY HENRY COOPER

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

Read the rest

Appeals to Australia from Nauru: The High Court’s Unusual Jurisdiction

BY ANDREW ROBERTS

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

High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons

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

Justice Edelman’s originalism, or hints of it

BY JULIAN R MURPHY

 

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

Older posts

© 2019 AUSPUBLAW

Theme by Anders NorenUp ↑