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Where to Next? Native Title Compensation following Timber Creek

BY AARON MOSS AND WILLIAM ISDALE

This is the first of two posts AUSPUBLAW is featuring on the High Court’s Timber Creek decision. Sean Brennan’s accompanying post is here.

In Griffiths v Northern Territory [2019] HCA 7 (Timber Read the rest

Public Law Events Roundup April 2019

Welcome to the April edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thankyou to the Gilbert + Tobin Centre of Public Law’s social justice intern, Rosie Short, for compiling this roundup.

Remember, if you have an AUSPUBLAW … 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

The Deportation of an Aboriginal Man Frustrated: Hands v Minister for Immigration and Border Protection

BY JAMES BARRETT

Notoriously, Aboriginal people have been forced to live by Australian law. Surprisingly, Australian law may force Aboriginal people out of Australia.

Such is the predicament of Mr Justin Hands, an adopted member of the Aboriginal community at … Read the rest

Public Law Events Roundup March 2019

Welcome to the March edition of the AUSPUBLAW Australian Public Law Events Roundup. A big thankyou to the Gilbert + Tobin Centre of Public Law’s social justice intern, Rosie Short, for compiling this roundup.

Before we get to the events … Read the rest

It’s Personal – the ‘Palace Letters’ to Remain Hidden and So Too Will Scrutiny of Constitutional Process

BY LOU DARGAN

In Hocking v Director-General of the National Archives of Australia, a divided Full Federal Court (Allsop CJ and Robertson J, Flick J dissenting) ruled that the Palace Letters – the correspondence between Sir John Kerr and … Read the rest

Commercial native title rights in 2018: a belated new dawn

BY PATRICK McCABE

2018 saw a potentially important development in Australian native title law that has been emerging since 2013 move towards maturity. That development is the recognition of commercial native title rights in native title determinations. It is a … Read the rest

Can Standing Orders Prevent a Simple Majority of the House of Representatives From Passing a Bill Against the Government’s Wishes?

BY ANNE TWOMEY

Lacking an outright majority in the House of Representatives, the Morrison Government is facing the prospect that not only might it lose votes in the lower House, but a bill might be passed against its wishes, such … Read the rest

Public Law Events Roundup February 2019

Welcome to the February edition of the AUSPUBLAW Australian Public Law Events Roundup, our first edition for 2019.

Before we get to the events roundup, we would like to draw your attention to the following:

The Holt Prize is an

Read the rest

Getting to ‘Yes’: Why our approach to winning referendums needs a rethink

BY PAUL KILDEA

Would a proposal to constitutionally entrench a ‘First Nations Voice’ pass if it were put to a referendum? What about attempts to amend section 44, or replace the Governor-General with an Australian head of state? For years, … Read the rest

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