Tag: High Court (page 1 of 2)

Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo

BY SEAN BRENNAN

With the handing down of the High Court appeal decision in Northern Territory v Griffiths on 13 March, the Ngaliwurru and Nungali peoples came to the end of a long road. They began court action 20 years … Read the rest “Timber Creek and Australia’s Second Chance to Grasp the Opportunity of Mabo”

Where to Next? Native Title Compensation following Timber Creek

BY AARON MOSS AND WILLIAM ISDALE

In Griffiths v Northern Territory [2019] HCA 7 (Timber Creek), the High Court delivered its first judgment regarding the compensation provisions in Part 2 of the Native Title Act 1993 (Cth) (the … Read the rest “Where to Next? Native Title Compensation following Timber Creek”

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

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

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

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 “Appeals to Australia from Nauru: The High Court’s Unusual Jurisdiction”

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 “High Court Special Leave Decisions: Constitutional Problems with the Lack of Reasons”

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 “Justice Edelman’s originalism, or hints of it”

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

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 “Plaintiff M96A and the elusive limits of immigration detention”

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