Tag: Kable principle

Witnesses J, K – and L? Open Justice, the NSI Act and the Constitution

BY KIERAN PENDER

In the preface to a collection of criminal cases published in 1730, barrister and writer Sollom Emlyn sung the praises of the British legal system. ‘In other countries the Courts of Justice are held in secret; with … Read the rest

Parklands Darwin Pty Ltd v Minister for Infrastructure, Planning and Logistics [2021] NTSCFC 4: The ‘Direction Principle’ Diminished?

BY TRISTAN TAYLOR

Introduction

In 1996, the High Court struck down the validity of an ad hominem continuing detention legislative regime in the landmark case of Kable v Director of Public Prosecutions (1996) 189 CLR 51 (Kable). The … Read the rest

Minister for Home Affairs v Benbrika [2021] HCA 4

BY JAMES STELLIOS

Continuing detention in Australian constitutional law

The 1996 decision of the High Court in Kable v Director of Public Prosecutions (1996) 189 CLR 51, striking down the validity of the Community Protection Act 1994 (NSW), … Read the rest

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