Tag: chapter III

Knight’s Watch: Ad Hominem Parole Legislation Hits the High Court

BY SARAH MURRAY

Section 74AA of the Corrections Act 1986 (Vic) is an extraordinary provision. Ad hominem in nature, it is directed at Julian Knight. Knight, perpetrator of the Hoddle Street massacre, was sentenced in 1988 by the Victorian … Read the rest

Clive Palmer and the bankruptcy ‘Star Chamber’?  The granting of powers of inquiry to courts under Ch III of the Constitution

BY DAN WESTBURY

In Palmer v Ayers, the High Court considered the congruence of powers of examination given to the Federal Court in its supervision of bankruptcy with Chapter III of the Constitution. In modern constitutional law, the separation … Read the rest

Burns v Corbett: the latest word on State tribunals and judicial power

BY ANNA OLIJNYK

We live in an age of tribunals. Although tribunals existed at the time of federation, the framers of the Australian Constitution could never have imagined the prominence of administrative tribunals in our justice system today. Small wonder, … Read the rest

Bell Group NV (in liq) v Western Australia: A constitutional chapter in a very long story

Anna Olijnyk

BY ANNA OLIJNYK

More than a quarter of a century ago, the Bell Group of companies – central to the ‘WA Inc’ saga – collapsed. Two weeks ago, in Bell Group NV (in liq) v Western Australia (‘Bell GroupRead the rest

Plaintiff M68-2015 – offshore processing and the limits of Chapter III

hume_david_-_c_2_2_2BY DAVID HUME

In its first decision of 2016, Plaintiff M68-2015 v Minister for Immigration and Border Protection [2016] HCA 1, the High Court upheld the Commonwealth’s offshore processing regime in Nauru.

The High Court upholds the two key Read the rest

The ‘paperless arrest’: Chapter III and police detention powers in the Northern Territory

Anna Rienstra

BY ANNA RIENSTRA

In 2014 police in the Northern Territory (‘NT’) were given new powers to detain people arrested for a minor offence for up to four hours, or longer if intoxicated, under Div 4AA of Pt VII of the … Read the rest

The limits of preventive lawmaking

Tulich photoBY TAMARA TULICH

Australia’s recent responses to the threat posed by ‘foreign fighters’ highlights a key issue raised by anti-terror lawmaking since September 11: how far can—and should—Parliament go in legislating to prevent acts of terrorism?

Prevention of terrorism

Prevention … Read the rest

New South Wales’ attempts to shore up ICAC findings in doubt

samcdBY STEPHEN MCDONALD

In Independent Commission Against Corruption v Cunneen, the High Court held that the range of matters subject to investigation by the New South Wales Independent Commission Against Corruption was narrower than had previously been assumed to … Read the rest

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