Tag: chapter III (page 1 of 2)

Overcoming Graham: The s 75(v) constitutional guarantee and non-disclosure in migration and citizenship decisions


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

MZAPC: Calibrating constitutional limits on legislative power


The High Court’s decision in MZAPC v Minister for Immigration & Border Protection [2021] HCA 17 reveals continuing differences in judicial approach to a central concept for Australian judicial review – jurisdictional error. In this post, I … Read the rest

Courts and COVID-19: Challenges and Opportunities in Australia

This is one of a special series of posts exploring the public law implications of the COVID-19 pandemic. For more information on the Gilbert + Tobin Centre’s work in the area of public law and public health, see here

BY … Read the rest

The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference



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

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


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


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


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


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


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

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