Tag: nauru

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

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

Plaintiff M68-2015 – offshore processing and the limits of Chapter III

hume_david_-_c_2_2_2BY DAVID HUME

In its first decision of 2016, Plaintiff M68-2015 v Minister for Immigration and Border Protection [2016] HCA 1, the High Court upheld the Commonwealth’s offshore processing regime in Nauru.

The High Court upholds the two key Read the rest

Commonwealth spending: From school chaplains to offshore detention

PStephsonBY PETA STEPHENSON

Last night, the House of Representatives passed ‘emergency’ retrospective legislation to authorise Commonwealth expenditure relating to the provision of offshore detention services on Nauru and Manus Island. The Bill is currently before the Senate. The legislation also … Read the rest

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