Tag: High Court (page 1 of 2)

Can once valid legislation ‘become’ invalid? A case study of the High Court’s (now-lost) Nauru jurisdiction

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

The Constitutional Crisis that Keeps on Giving: Could an Invalidly Appointed Minister’s Decisions be Challenged via Judicial Review?

BY JANINA BOUGHEY

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 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

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

A decade on: What happened to the historic Blue Mud Bay case (and why is it in the news again)?

BY LAUREN BUTTERLY

On 30 May 2017, the Indigenous Affairs Minister Nigel Scullion announced 7.5 million dollars to help ‘finalise Aboriginal land claims over sea country’ in the Northern Territory (NT). These ‘land claims’, or rather negotiations, relate to the … Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … 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

Chief Justice Susan Kiefel and the politics of judicial diversity

kmclouglinBY KCASEY MCLOUGHLIN

Australian women waited over eighty years for the first woman to sit on the bench of the High Court of Australia. Now, three decades later a particularly resilient glass ceiling has been shattered with the announcement that … Read the rest

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