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
Tag: High Court (page 1 of 2)
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
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
BY 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
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 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
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
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
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
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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