BY ALEX DEAGON
This is the first of three posts AUSPUBLAW is featuring on the High Court’s decision in Clubb v Edwards. Arisha Arif and Emily Azar’s accompanying post is here and Josh Gibson’s accompanying post is here.… Read the rest “There and Back Again? The High Court’s Decision in Clubb v Edwards; Preston v Avery [2019] HCA 11”
BY ARISHA ARIF AND EMILY AZAR
This is the second of three posts AUSPUBLAW is featuring on the High Court’s decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Josh Gibson’s accompanying post is here… Read the rest “Clubb v Edwards; Preston v Avery: Structured Proportionality – Has Anything Changed?”
BY JOSH GIBSON
This is the third of three posts AUSPUBLAW is featuring on the High Court’s decision in Clubb v Edwards. Alex Deagon’s accompanying post is here, and Arisha Arif and Emily Azar’s accompanying post is here… Read the rest “Clubb v Edwards; Preston v Avery: The High Court and the Role of Amicus Curiae”
BY SEAN BRENNAN
This is the second of two posts AUSPUBLAW is featuring on the High Court’s Timber Creek decision. Aaron Moss and William Isdale’s accompanying post is here.
With the handing down of the High Court appeal decision … Read the rest “Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo”
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 “Where to Next? Native Title Compensation following Timber Creek”
BY BEN YE
On 13 March 2018, Nauru unilaterally terminated its bilateral treaty (‘Nauru Treaty’) with Australia. This treaty had been implemented by domestic law: the Nauru (High Court Appeals) Act 1976 (Cth) (‘Appeals Act’) granted … Read the rest “Can once valid legislation ‘become’ invalid? A case study of the High Court’s (now-lost) Nauru jurisdiction”
In the midst of the Liberal Party’s recent leadership turmoil, questions were raised about Peter Dutton’s eligibility to sit in Parliament. As Minister for Home Affairs (which, until the latest re-shuffle included immigration) Dutton was responsible, … Read the rest “The Constitutional Crisis that Keeps on Giving: Could an Invalidly Appointed Minister’s Decisions be Challenged via Judicial Review?”
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 “The High Court on Constitutional Law: The 2017 Term Keynote Address to 2018 Constitutional Law Conference”
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 “Appeals to Australia from Nauru: The High Court’s Unusual Jurisdiction”
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 “High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons”
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