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The High Court of Australia is the highest court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and interprets the Constitution of Australia. The High Court is mandated by section 71 of the Constitution, which vests in it the judicial power of the Commonwealth of Australia. The High Court was constituted by the Judiciary Act 1903. The High Court of Australia is located in Canberra, Australian Capital Territory. For other uses, see Canberra (disambiguation). ...
The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...
The Prime Minister of Australia is the head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. ...
The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ...
Prime Minister of Australia, John Howard with his Cabinet in 1999 The Cabinet of Australia is the council of senior ministers, responsible to parliament. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Courtroom 1 in the High Court in Canberra. ...
Judicial review is the power of a court to review the actions of public sector bodies in terms of their legality or constitutionality. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...
The Judiciary Act 1903 (Cth. ...
For other uses, see Canberra (disambiguation). ...
Slogan or Nickname: The Nations Heart or The Capital Motto(s): For the Queen, the Law and the People Other Australian states and territories Capital Canberra Government Constitutional monarchy Administrator Governor General of Australia Chief Minister Jon Stanhope (ALP) Federal representation - House seats 2 - Senate seats 2 Gross Territorial Product...
Role of the court
The High Court exercises both original jurisdiction (cases which originate in the High Court) and appellate jurisdiction (appeals made to the High Court from other courts). The High Court is the court of final appeal for the whole of Australia with the ability to interpret the common law for the whole of Australia, not just the state or territory in which the matter arose. This is unlike other high courts, such as the Supreme Court of the United States (though federal courts do have the ability to shape federal common law). As such, the court is able to develop the common law consistently across all of the states and territories. This role, alongside its role in constitutional interpretation, is one of the court's most significant. As Owen Dixon said on his swearing in as Chief Justice of Australia: This article does not cite any references or sources. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...
Federal common law is a term used in the United States to describe common law that is developed by the federal courts, instead of by the courts of the various states. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
"The High Court's jurisdiction is divided in its exercise between constitutional and federal cases which loom so largely in the public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do with the Constitution, and which is the principal preoccupation of the court."[1] This broad array of jurisdiction has enabled the High Court to take a leading role in Australian law, and has contributed to a consistency and uniformity among the laws of the different states.[2] Original jurisdiction The original jurisdiction of the High Court refers to matters which are originally heard in the High Court. The Constitution confers actual (section 75) and potential (section 76) original jurisdiction.
Section 75 of the Constitution confers original jurisdiction in regard to "all matters":
- (i) arising under any treaty
- (ii) affecting consuls or other representatives of other countries
- (iii) in which the Commonwealth, or a person suing or being sued on behalf of the Commonwealth, is a party
- (iv) between States, or between residents of different States, or between a State and a resident of another State
- (v) in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.
The conferral of original jurisdiction creates some problems for the High Court. For example, challenges against immigration-related decisions are often brought against an officer of the Commonwealth within the original jurisdiction of the High Court. A consulate (or consular office) is a form of diplomatic mission in charge of matters related to individual people and businesses, in other words issues outside inter-governmental diplomacy. ...
A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ...
A writ of prohibition, in the United States, is an official legal document drafted and issued by a supreme court or superior court to a judge presiding over a suit in an inferior court. ...
Look up Injunction in Wiktionary, the free dictionary. ...
Section 76 provides that Parliament may confer original jurisdiction in relation to matters:
- (i) arising under the constitution or involving its interpretation
- (ii) arising under any laws made by the Parliament
- (iii) of admiralty and maritime jurisdiction
- (iv) relating to the same subject-matter claimed under the laws of different states.
Constitutional matters, referred to in section 76(i), have been conferred to the High Court by section 30 of the Judiciary Act 1903. However, the inclusion of constitutional matters in section 76, rather than section 75, means that the High Court’s original jurisdiction regarding constitutional matters could be removed. In practice, section 75(iii) (suing the Commonwealth) and section 75(iv) (conflicts between states) are broad enough that many constitutional matters would still be within jurisdiction. The original constitutional jurisdiction of the High Court is now well established: the Australian Law Reform Commission has described the inclusion of constitutional matters in section 76 rather than section 75 as "an odd fact of history."[3] The 1998 constitutional convention recommended an amendment to the constitution to prevent the possibility of the jurisdiction being removed by Parliament. Failure to proceed on this issue suggests that it was considered highly unlikely that Parliament would ever take this step. Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ...
The Judiciary Act 1903 (Cth. ...
Australian Law Reform Commission is an independent body set up to keep the law of Australia under review and recommend necessary reforms to improve, simplify and update. ...
In Australian history, the term Constitutional Convention refers to five distinct gatherings. ...
The requirement of "a matter" in section 75 and section 76 of the constitution means that a concrete issue must need to be resolved, and the High Court cannot give an advisory opinion.
Appellate jurisdiction The High Court's appellate jurisdiction is defined under Section 73 of the Constitution. The High Court can hear appeals from the Supreme Courts of the States, from any federal court or court exercising federal jurisdiction (such as the Federal Court of Australia), and from decisions made by one or more Justices exercising the original jurisdiction of the court. The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...
However, section 73 allows the appellate jurisdiction to be limited "with such exceptions and subject to such regulations as the Parliament prescribes". Parliament has prescribed a large limitation in section 35A of the Judiciary Act 1903. This requires "special leave" to appeal. Special leave is granted only where a question of law is raised which is of public importance; or involves a conflict between courts; or "is in the interests of the administration of justice". Therefore, while the High Court is the final court of appeal it cannot be considered to be a general court of appeal. The decision as to whether to grant special leave to appeal is determined by one or more Justices of the High Court (in practice, a panel of 2 or 3 judges). That is, Court exercises the power to decide which appeal cases it will consider. The Judiciary Act 1903 (Cth. ...
The High Court and the Privy Council The issue of appeals from the High Court to the Privy Council was a significant one during the drafting of the Constitution, and it continued to be significant in the years after the court's creation. The final wording of section 74 prohibited appeals on constitutional matters involving disputes about the limits inter se of Commonwealth or state powers, except where the High Court certified the appeal. It did so only once: in the case of Colonial Sugar Refining Co v Attorney-General (Commonwealth)[4] (1912). After that case, in which the Privy Council refused to answer the constitutional questions put to it, the High Court never certified another inter se appeal.[5] Indeed, in the case of Kirmani v Captain Cook Cruises Pty Ltd (No 2)[6] (1985), the court said that it would never again grant a certificate of appeal. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
Inter se is a legal latin phrase meaning between or amongst themselves. For example: The constitutional documents of a company constitute a contract between the company and its shareholders, and between the shareholders inter se. ...
In general matters however, section 74 did not prevent the Privy Council from granting leave to appeal against the High Court's wishes, and the council did so often. In some cases, the council acknowledged that the Australian common law had developed differently from English law, and thus did not apply its own principles (for example, in Australian Consolidated Press Ltd v Uren[7] (1967), or in Viro v The Queen[8] (1978)), by using a legal fiction which stated that different common law can apply to different circumstances.[9] However, in other cases, the Privy Council enforced English decisions, overruling decisions by the High Court. In Parker v The Queen[10] (1963), Chief Justice Owen Dixon led a unanimous judgment which rejected a precedent of the House of Lords in DPP v Smith, saying that "I shall not depart from the law on this matter as we have long since laid it down in this Court and I think that Smith's case should not be used in Australia as authority at all"[10]; the following year the Privy Council upheld an appeal, applying the House of Lords precedent.[11] Not to be confused with legal drama or police procedural. ...
Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ...
The House of Lords, in addition to having a legislative function, has a judicial function as a court of last resort within the United Kingdom. ...
Section 74 did provide that the parliament could make laws to prevent appeals to the council, and it did so, beginning in 1968, with the Privy Council (Limitation of Appeals) Act 1968, which closed off all appeals to the Privy Council in matters involving federal legislation. In 1975, the Privy Council (Appeals from the High Court) Act 1975 was passed, which had the effect of closing all routes of appeal from the High Court. Appeals from the High Court to the Privy Council are now only theoretically possible in inter se matters if the High Court grants a certificate of appeal under section 74 of the Constitution. As noted above, the High Court indicated in 1985 it would not grant such a certificate in the future, and it is practically certain that all future High Courts will maintain this policy. In 1986, with the passing of the Australia Acts by both the UK Parliament and the Parliament of Australia (with the ratification of the States), appeals to the Privy Council from state Supreme Courts were closed off, leaving the High Court as the only avenue of appeal. Inter se is a legal latin phrase meaning between or amongst themselves. For example: The constitutional documents of a company constitute a contract between the company and its shareholders, and between the shareholders inter se. ...
Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ...
Type Bicameral Houses House of Commons House of Lords Speaker of the House of Commons Michael Martin MP Speaker of the House of Lords Hélène Hayman, PC Members 1377 (646 Commons, 731 Peers) Political groups Labour Party Conservative Party Liberal Democrats Scottish National Party Plaid Cymru Democratic Unionist...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
History The genesis of the court can be traced back to the mid 19th century. Before the establishment of the High Court, appeals from the state Supreme Courts could be made only to the Judicial Committee of the Privy Council, which involved the great expense of physically travelling to London. As such, some politicians in the colonies wanted to have a new court which could travel between the colonies hearing appeals. The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
This article is about the capital of England and the United Kingdom. ...
Following Earl Grey's 1846 proposal for federation of the Australian colonies, an 1849 report from the Privy Council of the United Kingdom suggested that a national court be created.[12] In 1856, the then Governor of South Australia, Richard Graves MacDonnell, suggested to the Government of South Australia that they and the other colonies should consider establishing a court of appeal which would hear appeals from the Supreme Courts in each colony, and in 1860 the Parliament of South Australia passed legislation encouraging MacDonnell to put forward the idea to his colleagues in the other colonies. However, only the Government of Victoria seriously considered this proposal.[13] Her Majestys Most Honourable Privy Council is a body of advisors to the British Sovereign. ...
See Governors of the Australian states for a description and history of the office of Governor. ...
Sir Richard MacDonnell Sir Richard Graves Macdonnell , KCMG C.B. (Chinese Translated Name 麥當奴) (3 September 1814 – 5 February 1881) was a British colonial governor who became the 6th Governor of Hong Kong. ...
The form of the Government of South Australia is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ...
The Parliament of South Australia consists of the South Australian Legislative Council and the South Australian House of Assembly. ...
The form of the Government of Victoria is prescribed in its Constitution, which dates from 1855, although it has been amended many times since then. ...
At an inter-colonial conference in 1870 in Melbourne, Victoria, the idea of an inter-colonial court was again raised, and subsequently a Royal Commission was established in Victoria, to investigate options not only for establishing a court of appeal, but for unifying extradition laws between the colonies and other similar matters. A draft bill establishing a court was put forward by the Commission, but it completely excluded appeals to the Privy Council, which reacted critically and prevented any serious attempts to implement the bill in London (before federation, any laws affecting all the colonies would have to be passed by the British Imperial Parliament in London).[13] This article is about the Australian city; the name may also refer to City of Melbourne or Melbourne city centre (also known as The CBD). ...
VIC redirects here. ...
In states that are Commonwealth Realms a Royal Commission is a major government public inquiry into an issue. ...
Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ...
The federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed a federation. ...
The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...
In 1880, another inter-colonial conference was convened, which proposed the establishment of an Australasian Court of Appeal. This conference was more firmly focused on having an Australian court. Another draft bill was produced, providing that judges from the colonial Supreme Courts would serve one-year terms on the new court, with one judge from each colony at a given time. New Zealand, which was at the time also considering joining the Australian colonies in federation, was also to be a participant in the new court.[13] However, the proposal retained appeals from colonial Supreme Courts to the Privy Council, which some of the colonies disputed, and the bill was eventually abandoned.
Constitutional Conventions The Constitutional Conventions of the 1890s, which met to draft an Australian Constitution, also raised the idea of a federal Supreme Court. Initial proposals at a conference in Melbourne in February 1890 led to a convention in Sydney in March and April 1891, which produced a draft constitution. The draft included the creation of a Supreme Court of Australia, which would not only interpret the Constitution, like the United States Supreme Court, but also would be a court of appeal from the state Supreme Courts. The draft effectively removed appeals to the Privy Council, allowing them only if the British monarch gave leave to appeal and not allowing appeals at all in constitutional matters. Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
In Australian history, the term Constitutional Convention refers to five distinct gatherings. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
This article is about the Australian city; the name may also refer to City of Melbourne or Melbourne city centre (also known as The CBD). ...
This article is about the metropolitan area in Australia. ...
The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...
The British monarch or Sovereign is the monarch and head of state of the United Kingdom and its overseas territories, and is the source of all executive, judicial and (as the Queen-in-Parliament) legislative power. ...
This draft was largely the work of Samuel Griffith,[5] then the Premier of Queensland, later Chief Justice of Queensland and the first Chief Justice of Australia. Other significant contributors to the judicial clauses in the draft included Attorney-General of Tasmania Andrew Inglis Clark, who had prepared his own constitution prior to the convention. Inglis Clark's most significant contribution was to give the court its own constitutional authority, ensuring the separation of powers; the original formulation from Griffith, Edmund Barton and Charles Kingston provided only that the parliament could establish a court.[12] Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
List of Premiers of Queensland Before the 1890s there was no formal party system in Queensland. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Andrew Inglis Clark was born in Hobart, Tasmania on February 24, 1848, 5 years before the end of convict transportation to Tasmania. ...
The Politics series Politics Portal This box: Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...
Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ...
Charles Kingston (standing, second from right) as a member of the first federal Cabinet, January 1901 Charles Cameron Kingston, (October 22, 1850 - May 11, 1908) Australian politician, was Premier of South Australia and a member of the first Federal Parliament. ...
At the later conventions, in Adelaide in 1897, in Sydney later the same year and in Melbourne in early 1898, there were changes to the earlier draft. In Adelaide, the name of the court was changed from Supreme Court of Australia to High Court of Australia. Many people also opposed the new court completely replacing the Privy Council: many large businesses, particularly those which were subsidiaries of British companies or regularly traded with the United Kingdom, preferred for business reasons to keep the colonies under the unified jurisdiction of the British courts, and petitioned the conventions to that effect.[5] Other arguments posited against removing Privy Council appeals were that Australian judges were of a poorer quality than English ones, and that without the Council's oversight, the law in the colonies risked becoming different from English law.[12] Some politicians, such as George Dibbs, supported the petitioners, but others, including Alfred Deakin, supported the design of the court as it was.[5] Inglis Clark took the view that the possibility of divergence was a good thing, for the law could adapt appropriately to Australian circumstances.[12] Despite the debate, the portions of the draft dealing with the court remained largely unchanged, as the delegates focused on different matters. Andrew Inglis Clark was born in Hobart, Tasmania on February 24, 1848, 5 years before the end of convict transportation to Tasmania. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
For other uses, see Adelaide (disambiguation). ...
Sir George Richard Dibbs KCMG (Born Sydney, October 12, 1834; died Hunters Hill, August 5, 1904) was an Australian politician who was Premier of New South Wales on three occasions. ...
Alfred William Deakin (3 August 1856 – 7 October 1919), Australian politician, was a leader of the movement for Australian federation and later second Prime Minister of Australia. ...
After the draft had been approved by the electors of the colonies, it was taken to London in 1899, for the assent of the British Imperial Parliament. However the issue of Privy Council appeals remained a sticking point with a number of Australian and British politicians, including the Secretary of State for Colonial Affairs, Joseph Chamberlain, the Chief Justice of South Australia, Samuel Way, and the Chief Justice of Queensland, Samuel Griffith.[9] Indeed, in October 1899, Griffith made representations to Chamberlain soliciting suggestions from British ministers for alterations to the draft, and offering some alterations of his own.[9] Indeed, such was the effect of these and other representations that Chamberlain called for delegates from the colonies to come to London to assist with the approval process, with a view to them approving any alterations that the British government might see fit to make; delegates were sent, including Deakin, Barton and Charles Kingston, although they were under instructions that they would never agree to changes.[9] The Houses of Parliament, seen over Westminster Bridge The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ...
The Rt. ...
Portrait of Way in 1914. ...
Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
Charles Kingston (standing, second from right) as a member of the first federal Cabinet, January 1901 Charles Cameron Kingston, (October 22, 1850 - May 11, 1908) Australian politician, was Premier of South Australia and a member of the first Federal Parliament. ...
After intense lobbying both in Australia and in the United Kingdom, the Imperial Parliament finally approved the draft constitution, albeit with an altered section 74, which represented a compromise between the two sides: there would be a general right of appeal from the High Court to the Privy Council, except that the Parliament of Australia would be able to make laws restricting this avenue, and also that appeals in inter se matters (matters concerning the boundary between and limits of the powers of the Commonwealth and the powers of the states) were not as of right, but had to be certified by the High Court.[9]
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
Formation of the court The Constitution was passed by the Imperial Parliament, and came into effect on 1 January 1901. However, the High Court was not established straightaway; it was necessary for the Parliament to make laws about the structure and procedure of the court. Some of the members of the First Parliament, including Sir John Quick, then one of the leading legal experts in Australia, opposed legislation to set up the court. Even H. B. Higgins, who was himself later appointed to the court, objected to setting it up, on the grounds that it would be impotent while Privy Council appeals remained, and that in any event there was not enough work for a federal court to make it viable.[5] The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
Portrait of Quick circa 1910s, by W. Vincent Kelly. ...
Hon H.B. Higgins For the fictional character Henry Higgins, see Pygmalion or My Fair Lady. ...
In 1902, the then Attorney-General Alfred Deakin introduced the Judiciary Bill 1902 into the parliament. Although Deakin and Griffith had produced a draft bill as early as February 1901, it was continually delayed by opponents in the parliament, and the success of the bill is generally attributed to Deakin's passion and effort in pushing the bill through the parliament despite this opposition.[12] Deakin had proposed that the court be constituted of five judges, specially selected to the court; opponents instead proposed that the court should be made up of state Supreme Court justices, taking turns to sit on the High Court on a rotation basis, as had been mooted at the Constitutional Conventions a decade before.[14] Deakin eventually negotiated amendments with the opposition, reducing the number of judges from five to three, and eliminating financial benefits such as pensions. The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
At one point, Deakin even threatened to resign as Attorney-General due to the difficulties he faced.[12] In what is now a famous speech, Deakin gave a second reading to the House of Representatives, lasting three and a half hours, in which he declared: Reading is a mechanism by which a bill is introduced to, and approved by a legislature. ...
Type Lower house Speaker of the House David Hawker, Liberal since November 16, 2004 Members 150 Political groups ALP (85) Liberal Party (53) National Party (10) Last elections 24 November 2007 Meeting place Parliament House, Canberra, ACT Web site House of Representatives Entrance to the House of Representatives Judicial High...
"The federation is constituted by distribution of powers, and it is this court which decides the orbit and boundary of every power... It is properly termed the keystone of the federal arch... The statute stands and will stand on the statute-book just as in the hour in which it was assented to. But the nation lives, grows and expands. Its circumstances change, its needs alter, and its problems present themselves with new faces. [The High Court] enables the Constitution to grow and be adapted to the changeful necessities and circumstances of generation after generation that the High Court operates."[15] Deakin's friend, painter Tom Roberts, who viewed the speech from the public gallery, declared it Deakin's "magnum opus".[12] The Judiciary Act 1903 was finally passed on 25 August 1903, and the first three justices, Chief Justice Samuel Griffith and Justices Edmund Barton and Richard O'Connor were appointed on 5 October of that year. On 6 October, the court held its first sitting in the Banco Court in the Supreme Court of Victoria. Thomas William Roberts (8 March 1856–14 September 1931), usually known simply as Tom, was a famous Australian artist and a key member of the Heidelberg School. ...
The Judiciary Act 1903 (Cth. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ...
Official portrait of OConnor, circa 1910. ...
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...
First years of the court After the court's first sitting in the Banco Court in Melbourne, the court continued to use that court until 1928, when a dedicated courtroom was built in Little Bourke Street, next to the Supreme Court of Victoria, which provided the court's Melbourne sitting place and housed the court's principal registry until 1980.[16] The court also sat regularly in Sydney, where it originally shared space in the Criminal Courts in the suburb of Darlinghurst, before a dedicated courtroom was constructed next door in 1923.[17] Little Bourke Street is a street in the central business district of Melbourne, Victoria, Australia. ...
This article is about the Australian city; the name may also refer to City of Melbourne or Melbourne city centre (also known as The CBD). ...
This article is about the Australian city; the name may also refer to City of Melbourne or Melbourne city centre (also known as The CBD). ...
Little Bourke Street is a street in the central business district of Melbourne, Victoria, Australia. ...
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...
Look up registry in Wiktionary, the free dictionary. ...
This article is about the metropolitan area in Australia. ...
Darlinghurst is an inner-city, eastern suburb of Sydney, in the state of New South Wales, Australia. ...
The court travelled to other cities across the country, where it did not have any facilities of its own, but used facilities of the Supreme Court in each city. Alfred Deakin had envisaged that the court would sit in many different locations, so as to truly be a federal court. Shortly after the court's creation, Chief Justice Griffith established a schedule for sittings in state capitals: Hobart, Tasmania in February, Brisbane, Queensland in June, Perth, Western Australia in September and Adelaide, South Australia in October; it is said that Griffith established this schedule because those were the times of year he found the weather most pleasant in each city. The tradition remains to this day, although most of the court's sittings are now conducted in Canberra. Slogan or Nickname: Island of Inspiration; The Apple Isle; Holiday Isle Motto(s): Ubertas et Fidelitas (Fertility and Faithfulness) Other Australian states and territories Capital Hobart Government Constitutional monarchy Governor Peter Underwood Premier David Bartlett (ALP) Federal representation - House seats 5 - Senate seats 12 Gross State Product (2006-07) - Product...
For other uses, see Brisbane (disambiguation). ...
For other uses, see Queensland (disambiguation). ...
Location of Perth within Australia This article is about the metropolitan area of Perth, Western Australia. ...
Slogan or Nickname: Wildflower State or the Golden State Other Australian states and territories Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation - House seats 15 - Senate seats 12 Gross State Product (2005-06) - Product ($m) $107,910 (4th) - Product per capita $53,134/person...
For other uses, see Adelaide (disambiguation). ...
For the song, see South Australia (song). ...
For other uses, see Canberra (disambiguation). ...
Sittings were dependent on the caseload, and to this day sittings in Hobart occur only once every few years. There are annual sittings in Perth, Adelaide and Brisbane for up to a week each. During the Great Depression, sittings outside of Melbourne and Sydney were suspended in order to save costs. Darlinghurst is an inner-city, eastern suburb of Sydney, in the state of New South Wales, Australia. ...
This article is about the metropolitan area in Australia. ...
For other uses, see The Great Depression (disambiguation). ...
During World War II, the court faced a period of change. The Chief Justice, John Latham, served from 1940 to 1941 as Australia's first ambassador to Japan, although his activities in this role were limited by the mutual assistance pact that Japan had entered into with the Axis powers before he could arrive in Tokyo, and were curtailed by the commencement of the Pacific War.[18] Justice Owen Dixon was also absent for several years, while he served as Australia's minister to the United States in Washington.[19] George Rich was Acting Chief Justice in Latham's absence. There were many difficult cases concerning the federal government's use of the defence power during the war.
Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki TÅjÅ Casualties Military dead: 17,000,000 Civilian dead: 33,000...
Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ...
Black: Zenith of the Axis Powers Capital Not applicable Political structure Military alliance Historical era World War II - Tripartite Pact September 27, 1940 - Anti-Comintern Pact November 25, 1936 - Pact of Steel May 22, 1939 - Dissolved 1945 This article is about the independent countries (states) that comprised the Axis powers. ...
For other uses, see Tokyo (disambiguation). ...
For other uses, see Pacific War (disambiguation). ...
Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ...
For other uses, see Washington, D.C. (disambiguation). ...
Rt Hon Sir George Edward Rich KCMG PC (3 May 1863 – 14 May 1956), Australian judge, was a justice of the High Court of Australia. ...
The Commonwealth of Australia is a federative constitutional monarchy under a parliamentary democracy. ...
Post-war period From 1952, with the appointment of Owen Dixon as Chief Justice, the court entered a period of stability. After World War II, the court's workload continued to grow, particularly from the 1960s onwards, putting pressures on the court.[20] Garfield Barwick, who was Attorney-General from 1958 to 1964, and from then till 1981 Chief Justice, proposed that more federal courts be established, as permitted under the Constitution. In 1976 the Federal Court of Australia was established, with a general federal jurisdiction, and in more recent years the Family Court and Federal Magistrates Court have been set up to reduce the court's workload in specific areas. Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki TÅjÅ Casualties Military dead: 17,000,000 Civilian dead: 33,000...
Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ...
The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...
It has been suggested that Australian family law be merged into this article or section. ...
The Federal Magistrates Service in Australia was established by the Federal Magistrates Act 1999 (Cth), although its first officers were not appointed until 2000. ...
Recent history The High Court building In the 1950s, the then Prime Minister Robert Menzies had established a plan to develop Canberra, and construct more important national buildings. In 1959, a plan featured a new building for the High Court on the shores of Lake Burley Griffin, next to the location for the new Parliament House, and the National Library of Australia.[citation needed] This plan was abandoned in 1968, and the location of the Parliament was moved, later settling on the present site on Capital Hill.[citation needed] The Prime Minister of Australia is the head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. ...
Sir Robert Gordon Menzies, KT, AK, CH, FRS, QC (20 December 1894 – 15 May 1978), Australian politician, was the twelfth and longest-serving Prime Minister of Australia, serving eighteen and a half years. ...
Sunset over Lake Burley Griffin, viewed from the Commonwealth Bridge Lake Burley Griffin is a lake in the centre of Canberra, Australias federal capital city. ...
Parliament House Canberra: The main entrance and the flag mast. ...
National Library of Australia National Library of Australia as viewed from Lake Burley Griffin The National Library of Australia is located in Canberra, Australia. ...
In March 1968, the government announced that the court would move to Canberra.[citation needed] In 1972 an international competition was held attracting 158 entries. In 1973 the firm of Edwards Madigan Torzillo Briggs was declared the winner of the two-stage competition. Architect Chris Kringas was the Principal Designer and Director in charge of the design team that included Feiko Bouman and Rod Lawrence. in 1975, only one month before construction began, Kringas died aged 38. Following his death, Architect Hans Marelli and Colin Madigan supervised the construction of the design.[21]
 High Court building, view from the lake Construction began in April 1975 on the shore of Lake Burley Griffin, in the Parliamentary Triangle. The site is just to the east of the axis running between Capital Hill and the Australian War Memorial. The High Court building houses three courtrooms, Justices' chambers, and the Court's main registry, library, and corporate services facilities. It is an unusual and distinctive structure, built in the brutalist style, and features an immense public atrium with a 24 metre high roof. The neighbouring National Gallery was also designed by the firm of Edwards Madigan Torzillo and Briggs. There are similarities between the two buildings in material and style but significant differences in architectural form and spatial concept. The building was completed in 1980, and the majority of the court's sittings have been held in Canberra since then. The Parliamentary Triangle is the ceremonial precinct of Canberra and contains the Parliament (which also houses the executive branch and the High Court of Australia. ...
The Australian War Memorial is Australias national memorial to the members of all its armed forces and supporting organisations who have died or participated in the wars of the Commonwealth of Australia. ...
Brutalism is an architectural style that spawned from the Modernist architectural movement and which flourished from the 1950s to the 1970s. ...
The High Court and National Gallery Precinct were added to the Australian National Heritage List in November 2007.[22] The Australian National Heritage List is a list of places deemed to be of significant heritige value by the Australian Heritage Council. ...
Jurisprudence The legal history of the court is commonly summarised by reference to the Chief Justice of the time. The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Griffith court  Sir Isaac Isaacs, Justice from 1906 and Chief Justice from 1930-1931 As the first High Court, the court under Chief Justice Sir Samuel Griffith had to establish its position as a new court of appeal for the whole of Australia, and had to develop a new body of principle for interpreting the Constitution of Australia and federal legislation. Griffith himself was very much the dominant influence on the court in its early years, but after the appointment of Sir Isaac Isaacs and H. B. Higgins in 1906, and the death of foundation Justice Richard O'Connor, Griffith's influence began to decline.[23] Sir Isaac Alfred Isaacs GCB GCMG (6 August 1855–12 February 1948), Australian judge and politician, was the ninth Governor-General of Australia and the first Australian to occupy that post. ...
Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
Sir Isaac Alfred Isaacs GCB GCMG (6 August 1855–12 February 1948), Australian judge and politician, was the ninth Governor-General of Australia and the first Australian to occupy that post. ...
Hon H.B. Higgins For the fictional character Henry Higgins, see Pygmalion or My Fair Lady. ...
Richard Edward OConnor (1851 - 18 November 1912), Australian politician, was a member of the first federal ministry. ...
The court was keen to establish its position at the top of the Australian court hierarchy. In Deakin v Webb[24] (1904) Griffith criticised the Supreme Court of Victoria for following a Privy Council decision about the Constitution of Canada, rather than following the High Court's own decision on the Australian Constitution.[13] Courtroom 1 in the High Court in Canberra. ...
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. ...
The Constitution of Canada is the supreme law in Canada; the countrys constitution is an amalgam of codified acts and uncodified traditions and conventions. ...
In Australian constitutional law, the early decisions of the court were influenced by United States constitutional law. In the case of D'Emden v Pedder[25] (1904), which involved the application of Tasmanian stamp duty to a federal official's salary, the court adopted the doctrine of implied immunity of instrumentalities which had been established in the United States Supreme Court case of McCulloch v. Maryland[26] (1803). That doctrine established that any attempt by the federal government to interfere with the legislative or executive power of the states was invalid, and vice versa. Accompanying that doctrine was the doctrine of reserved State powers, which was based on the principle that the powers of the federal parliament should be interpreted narrowly, to avoid intruding on areas of power traditionally exercise by the state parliaments. The concept was developed in such cases as Peterswald v Bartley[27] (1904), R v Barger[28] (1908) and the Union Label case[29] (1908). Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
In the United States, constitutional law generally refers to the provisions of the United States Constitution, as interpreted by the United States Supreme Court. ...
Slogan or Nickname: Island of Inspiration; The Apple Isle; Holiday Isle Motto(s): Ubertas et Fidelitas (Fertility and Faithfulness) Other Australian states and territories Capital Hobart Government Constitutional monarchy Governor Peter Underwood Premier David Bartlett (ALP) Federal representation - House seats 5 - Senate seats 12 Gross State Product (2006-07) - Product...
Stamp duty is a form of tax that is levied on documents. ...
Romanino, Superintendent paying the workers, 1531-32, fresco, Castello del Buonconsiglio, Trento, Italy. ...
The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...
Holding Although the Constitution does not specifically give Congress the power to establish a bank, it does delegate the ability to tax and spend, and a bank is a proper and suitable instrument to assist the operations of the government in the collection and disbursement of the revenue. ...
The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
The reserved State powers, also called reserved powers, is a doctrine used in the interpretation of the Constitution of Australia. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
Together the two doctrines helped smooth the transition to a federal system of government, and "by preserving a balance between the constituent elements of the Australian federation, probably conformed to community sentiment, which at that stage was by no means adjusted to the exercise of central power."[23] The court had a generally conservative view of the Constitution, taking narrow interpretations of section 116 (which guarantees religious freedom) and section 117 (which prevents discrimination on the basis of someone's state of origin), interpretations that were to last well into the 1980s.[23]
Two of the original judges of the Court, Griffith and Sir Edmund Barton, were frequently consulted by governors-general, including on the exercise of the reserve powers.[30] This practice of consultation has continued from time to time since. Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ...
A reserve power is a power that may be exercised by the head of state of a country in certain exceptional circumstances. ...
Knox, Isaacs and Gavan Duffy courts Adrian Knox became Chief Justice on 18 October 1919, and less than three months later, foundation Justice Sir Edmund Barton died, leaving no original members. The most significant case of the era was the Engineers case[31] (1920), decided at the beginning of Knox's term. In that case, the doctrines of reserved State powers and implied immunity of instrumentalities were both overturned, and the court entered a new era of constitutional interpretation in which the focus would fall almost exclusively on the text of the Constitution, and in which the powers of the federal parliament would gain increasing importance. Sir Adrian Knox PC KCMG (born 1863, died 1932), Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930. ...
Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ...
The Amalgamated Society of Engineers v The Adelaide Steamship Company Limited and Others (1920) 28 CLR 129 [1920] HCA 54 (commonly known as the Engineers Case) was a landmark Australian court case decided in the High Court of Australia on August 31, 1920. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
Knox was knighted in 1921, the only Chief Justice to be first knighted during his term. Some of the Knox court's early work related to the aftermath of World War I. In Roche v Kronheimer[32] (1921), the court upheld federal legislation which allowed for the making of regulations to implement Australia's obligations under the Treaty of Versailles. The majority decided the case on the defence power, but Higgins decided it on the external affairs power, the first case to decide that the external affairs power could be used to implement an international treaty in Australia. “The Great War †redirects here. ...
This article is about the Treaty of Versailles of June 28, 1919, which ended World War I. For other uses, see Treaty of Versailles (disambiguation) . Left to right, Prime Minister David Lloyd George of the United Kingdom, Prime Minister Vittorio Emanuele Orlando of Italy, Prime Minister Georges Clemenceau of France...
Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and the control...
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving...
Sir Isaac Isaacs was Chief Justice for only forty-two weeks, before leaving the court to be appointed Governor-General of Australia. Isaacs was ill for much of his term as Chief Justice, and few significant cases were decided under his formal leadership; rather, his best years were under Knox, where he was the most senior puisne Justice and led the court in many decisions.[33] Sir Isaac Alfred Isaacs GCB GCMG (6 August 1855–12 February 1948), Australian judge and politician, was the ninth Governor-General of Australia and the first Australian to occupy that post. ...
The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...
Puisne (from Old French puisne, modern putne, later born, inferior; Lat. ...
Sir Frank Gavan Duffy was Chief Justice for four years beginning in 1931, although he was already 78 when appointed to the position and did not exert much influence, given that (excluding single-Justice cases) he participated in only 40 per cent of cases in that time, and regularly gave short judgments or joint judgments with other Justices.[34] In the context of the Great Depression, the court was reduced to six Justices, resulting in many tied decisions which have no lasting value as precedent. Sir Frank Gavan Duffy KCMG PC (born 1852, died 1936), Australian judge, was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to 1935. ...
For other uses, see The Great Depression (disambiguation). ...
This article is about the legal term. ...
During this time, the court did decide several important cases, including Attorney-General (New South Wales) v Trethowan[35] (1931), which considered Premier of New South Wales Jack Lang's attempt to abolish the New South Wales Legislative Council, and the First State Garnishee case[36] (1932), which upheld federal legislation compelling the Lang government to repay its loans. Much of the court's other work related to legislation passed in response to the Depression. List of Premiers of New South Wales Before the 1890s there was no formal party system in New South Wales. ...
John Thomas Lang (21 December 1876 - 27 September 1975), Australian politician, usually referred to as J.T. Lang during his career, familiarly known as Jack and nicknamed The Big Fella, was Premier of New South Wales for two terms (1925-27, 1930-32). ...
The Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. ...
Latham court  John Latham, before his appointment to the court, as Deputy Prime Minister and Minister for External Affairs in the Lyons government. The court under Chief Justice Sir John Latham, who came to the office in 1935, was punctuated by World War II. Although it dealt with cases in other areas, its most important and lasting work related to wartime legislation, and the transition back to peace following the war.[37] The court upheld much legislation under the defence power, interpreting it broadly wherever there was a connection to defence purposes, in cases such as Andrews v Howell[38] (1941) and de Mestre v Chisholm[39] (1944). In general, the Curtin Labor government was rarely successfully challenged, the court recognising the necessity that the defence power permit the federal government to govern strongly. The court also allowed the federal government to institute a national income tax scheme in the First Uniform Tax case[40] (1942), and upheld legislation allowing the proclamation of the pacifist Jehovah's Witnesses religion as a subversive organisation, in the Jehovah's Witnesses case[41] (1943). Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ...
Joseph Aloysius Lyons (15 September 1879 – 7 April 1939), Australian politician, tenth Prime Minister of Australia. ...
Sir John Latham KBE (born 1877, died 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ...
Combatants Allied powers: China France Great Britain Soviet Union United States and others Axis powers: Germany Italy Japan and others Commanders Chiang Kai-shek Charles de Gaulle Winston Churchill Joseph Stalin Franklin Roosevelt Adolf Hitler Benito Mussolini Hideki TÅjÅ Casualties Military dead: 17,000,000 Civilian dead: 33,000...
Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and the control...
This article is about the Australian Prime Minister. ...
Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation An income tax is a tax levied on the financial income...
Pacifist may mean: an advocate of pacifism. ...
Adelaide Company of Jehovahs Witnesses Inc v Commonwealth (also known as the Jehovahs Witnesses case) was an important court case decided in the High Court of Australia on June 14, 1943. ...
The court reined in the wide scope of the defence power after the war, allowing for a transitional period. It struck down several key planks of the Chifley Labor government's reconstruction program, notably an attempt to nationalise the banks in the Bank Nationalisation case[42] (1948), and an attempt to establish a comprehensive medical benefits scheme in the First Pharmaceutical Benefits case[43] (1945). However the court also famously struck down Menzies Liberal government legislation banning the Communist Party of Australia in the Communist Party case[44] (1951), Latham's last major case. Joseph Benedict Chifley (22 September 1885 – 13 June 1951), Australian politician and 16th Prime Minister of Australia, was one of Australias most influential Prime Ministers. ...
Nationalization, also spelled nationalisation, is the act by which a nation takes possession of assets without requiring the owners consent, with or without payment of compensation. ...
Bank of New South Wales v The Commonwealth (1948) 76 CLR 1, also known as the Bank Nationalisation Case, is a very famous case of the High Court of Australia Comfortable in government after two strong election wins, the Labor government of Ben Chifley announced in 1947 its intention to...
Sir Robert Gordon Menzies, KT, AK, CH, FRS, QC (20 December 1894 – 15 May 1978), Australian politician, was the twelfth and longest-serving Prime Minister of Australia, serving eighteen and a half years. ...
This article is about the modern Australian political party. ...
The Communist Party of Australia was founded in 1920 and dissolved in 1991. ...
The Communist Party v The Commonwealth (1951) 83 CLR 1, also known as the The Communist Party Case, is a very famous case of the High Court of Australia Background Taking advantage of Cold War concerns. ...
Apart from the wartime cases, the Latham court also developed the criminal defence of honest and reasonable mistake of fact, for example in Proudman v Dayman[45] (1941). It also paved the way for the development of the external affairs power by upholding the implementation of an air navigation treaty in R v Burgess; Ex parte Henry[46] (1936). Australian criminal law refers to the criminal laws of the several jurisdictions in the Commonwealth of Australia. ...
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving...
R v Burgess; Ex parte Henry (1936) 55 CLR 608 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power and the external affairs power, in sections 51(i) and 51(xxix) respectively, of the Constitution. ...
Dixon court Under Chief Justice Sir Owen Dixon, who was elevated to that role in 1952 after 23 years as a puisne Justice, the court enjoyed its most successful period, with English judge, Master of the Rolls Lord Denning, describing the time as the court's "Golden Age".[47] Dixon, widely regarded as Australia's greatest judge, had a commanding personal and legal influence over the court in this time, measurable in the rise in joint judgments (many of which were led by Dixon) and good relations between the Justices.[47] Sir Wilfred Kelsham Fullagar, KBE, KC (16 November 1892 – 9 July 1961), Australian judge, was a Justice of the High Court of Australia. ...
Hon Sir Dudley Williams MC KC KBE (1889 – 1963), Australian judge, was a Justice of the High Court of Australia. ...
Rt Hon Sir Frank Walters Kitto KC KBE PC AC (30 July 1903 – 14 February 1994), Australian judge, was a Justice of the High Court of Australia. ...
Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ...
Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ...
Sir Edward Aloysius McTiernan (February 16, 1892 - January 9, 1990) was an Australian jurist, lawyer and politician. ...
Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ...
Puisne (from Old French puisne, modern putne, later born, inferior; Lat. ...
The Master of the Rolls is the third most senior judge of England, the Lord Chancellor of Great Britain traditionally being first and the Lord Chief Justice second. ...
The Right Honourable Alfred Thompson Denning, Baron Denning, OM, PC (23 January 1899 – 5 March 1999) was a British barrister from Hampshire who became Master of the Rolls (the senior civil judge in the Court of Appeal of England and Wales) and was generally well liked, both within the legal...
While there were fewer cases which tested the limits of federal power, which was probably due to the Menzies government which was firmly entrenched in its conservative phase throughout Dixon's tenure, the court did decide several important constitutional cases. Dixon led the court in firmly establishing the separation of powers for the judiciary in the Boilermakers' case[48] (1956), and the court also upheld the continuing existence of the federal government's income tax scheme in the Second Uniform Tax case[49] (1957). The Politics series Politics Portal This box: Separation of powers is a term coined by French political Enlightenment thinker Baron de Montesquieu[1][2], is a model for the governance of democratic states. ...
In the law, the judiciary or judicial system is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...
The Queen v. ...
Victoria v Commonwealth (1957) 99 CLR 575 (the Second Uniform Tax case) is a High Court of Australia case that affirmed the Commonwealth governments ability to impose a scheme of uniform income tax, ultimately arising in a vertical fiscal imbalance in the spending requirements and taxing abilities of the...
During Dixon's time as Chief Justice, the court came to adopt several of the views that Dixon had advanced in minority opinions in years prior. In several cases, the court upheld Dixon's interpretation of section 92 of the Australian Constitution (one of the most troublesome sections of the Constitution), which he regarded as guaranteeing a constitutional right to engage in interstate trade, subject to reasonable regulation. It also followed Dixon's interpretation of section 90 (which prohibits the states from exacting duties of excise), although both these interpretations were ultimately abandoned many years later.[47] Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation Excise tax, sometimes called an excise duty, is a type of...
Barwick court Sir Garfield Barwick came to the court as Chief Justice in 1964. A significant decision of the Barwick court marked the beginning of the modern interpretation of the corporations power, which had been interpreted narrowly since 1909. The Concrete Pipes case[50] (1971) established that the federal parliament could exercise the power to regulate at least the trading activities of corporations, whereas earlier interpretations had allowed only the regulation of conduct or transactions with the public. Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ...
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the...
Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. ...
The court decided many other significant constitutional cases, including the Seas and Submerged Lands case[51] (1975), upholding legislation asserting sovereignty over the territorial sea; the First[52] (1975) and Second[53] (1977) Territory Senators cases, which concerned whether legislation allowing for the mainland territories to be represented in the Parliament of Australia was valid; and Russell v Russell[54] (1976), which concerned the validity of the Family Law Act 1975. The court also decided several cases relating to the historic 1974 joint sitting of the Parliament of Australia, including Cormack v Cope[55] (1974) and the Petroleum and Minerals Authority case[56] (1975). The territorial waters are sea waters of a littoral state that are regarded as under jurisdiction of the state: commonly, those waters measured from the shoreline of a sovereign state where the laws of that state are applicable. ...
The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
The Australian Family Law Act 1975, sometimes referred to as the FLA by legal practitioners, is an Act of the Australian Parliament. ...
A joint sitting of the Australian parliament was convened in August 1974, comprising members of both the Senate and House of Representatives. ...
The Barwick court decided several infamous cases on tax avoidance and tax evasion, almost always deciding against the taxation office. Led by Barwick himself in most judgments, the court distinguished between avoidance (legitimately minimising one's tax obligations) and evasion (illegally evading obligations). The decisions effectively nullified the anti-avoidance legislation, and led to the proliferation of avoidance schemes in the 1970s, a result which drew much criticism upon the court.[57] Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation Tax avoidance is the legal utilization of the tax regime to...
Gibbs court Sir Harry Gibbs was appointed as Chief Justice in 1981. Under his leadership, the court moved away from the legalism and conservative traditions which had characterised the Dixon and Barwick courts.[58] The Right Honourable Sir Harry Talbot Gibbs, GCMG, AC, KBE (February 7, 1917 - 25 June 2005) was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981. ...
The Gibbs court made several important decisions in Australian constitutional law. It allowed the Federal Parliament to make very wide use of the external affairs power, by holding that this power could be used to implement treaties into domestic law with very few justiciable limits. In Koowarta v Bjelke-Petersen[59] (1982) four judges to three upheld the validity of the Racial Discrimination Act 1975, although no single view had majority support. However, in the Tasmanian Dams case[60] (1983), a majority of the court upheld federal environmental legislation under the power. Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving...
The first two pages of the Treaty of Brest-Litovsk, in (left to right) German, Hungarian, Bulgarian, Ottoman Turkish and Russian A treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. ...
Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ...
Koowarta v Bjelke-Petersen was a significant court case decided in the High Court of Australia on May 11, 1982. ...
The Racial Discrimination Act 1934 is a statute passed by the Parliament of Australia under the Government of former Labor Prime Minister Gough Whitlam. ...
Commonwealth v Tasmania (1983) 158 CLR 1, (popularly known as the Tasmanian Dam Case) was a significant Australian court case, decided in the High Court of Australia on July 1, 1983. ...
The court also adopted a more expansive interpretation of the corporations power. In the Actors Equity case[61] (1982), the court upheld regulations which, although they did not directly regulate corporations, indirectly protected corporations. In the Tasmanian Dams case, the court indicated that it would interpret the power to uphold legislation regulating the non-trading activities of corporations, although it did not decide the case on that basis. The external affairs power and the corporations power have both been increasingly relied on by the federal government to extend its authority in recent years.[58] Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the...
For other uses, see Corporation (disambiguation). ...
In administrative law, the court expanded on the doctrines of natural justice and procedural fairness in Kioa v West[62] (1985). Although Gibbs himself dissented on those points, he did decide that executive decision makers were obliged to take humanitarian principles into consideration. Outside of specific areas of law, the court was also involved in several cases of public significance, including the Chamberlain case[63] (1984), concerning Lindy Chamberlain, and A v Hayden[64] (1984), concerning the botched ASIS exercise at the Sheraton Hotel in Melbourne. Australian administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the Australian government. ...
Natural justice is a legal philosophy used in some jurisdictions in the determination of just, or fair, processes in legal proceedings. ...
In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty...
Kioa v West [1985] HCA 81; (1985) 150 CLR 550, was a notable case decided in the High Court of Australia regarding the extent and requirements of natural justice and procedural fairness in administrative decision making. ...
There are a number of meanings for humanitarianism: humanitarianism, humanism, the doctrine that peoples duty is to promote human welfare. ...
Lindy Chamberlain-Creighton (born 4 March 1948, née Alice Lynne Murchison) was at the center of one of Australias most publicised murder trials, in which she was convicted of killing her baby daughter, Azaria. ...
R. G. Casey House, the headquarters of the Australian Secret Intelligence Service The Australian Secret Intelligence Service (ASIS) is the Australian government intelligence agency responsible for collecting foreign intelligence, undertaking counter-intelligence activities and cooperation with other intelligence agencies overseas. ...
R. G. Casey House, the headquarters of the Australian Secret Intelligence Service The Australian Secret Intelligence Service (ASIS) is the Australian government intelligence agency responsible for collecting foreign intelligence, undertaking counter-intelligence activities and cooperation with other intelligence agencies overseas. ...
Mason court Sir Anthony Mason became Chief Justice in 1987. The Mason court was very stable with only one change in the bench in its eight years, the appointment of Michael McHugh after Ronald Wilson's retirement. The court under Mason was widely regarded as the most liberal bench in the court's history. Justice Michael McHugh Justice Michael Hudson McHugh (b. ...
Sir Ronald Wilson Sir Ronald Wilson, AC , KBE , CMG , QC , LL.M , LL.B ( 23 August 1922- 15 July 2005) was born on 23 August 1922 . ...
The Mason court made many important decisions in all areas of Australian law. One of its first major cases was Cole v Whitfield[65] (1988), concerning the troublesome section 92 of the Australian Constitution, which had been interpreted inconsistently and confusingly since the beginning of the court. For the first time, the court referred to historical materials such as the debates of the Constitutional Conventions in order to ascertain the purpose of the section, and the unanimous decision indicated "a willingness to overturn established doctrines and precedents perceived to be no longer working", a trend which typified the Mason court.[66] Cole v Whitfield (1988) 165 CLR 360; [1988] HCA 18 was a landmark High Court of Australia decision where the Court overruled the long-held notion that the words absolutely free in Section 92 of the Australian Constitution protected a personal individual right of freedom in interstate trade. ...
In Australian history, the term Constitutional Convention refers to five distinct gatherings. ...
The most popularly significant case decided by the Mason court was the Mabo case[67] (1992), in which the court found that the common law was capable of recognising native title. The decision was one of the High Court's most controversial of all time, and represented the tendency of the Mason court to receive "high praise and stringent criticism in equal measure."[66] Other controversial cases included the War Crimes Act case[68] (1991), regarding the validity of the War Crimes Act 1945; Dietrich v The Queen[69] (1992), in which the court found that a lack of legal representation in a serious criminal case can result in an unfair trial; Sykes v Cleary[70] (1992), regarding the disputed election of Phil Cleary; and Teoh's case[71] (1995), in which the court held that ratification of a treaty by the executive could create a legitimate expectation that members of the executive would act in accordance with that treaty. Mabo v Queensland (No 2) (commonly known as Mabo) is a landmark Australian court case which was decided by the High Court of Australia on June 3, 1992. ...
This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...
Native title is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians. ...
Polyukovich v The Commonwealth [1991] HCA 32; (1991) 172 CLR 501, commonly referred to as the War Crimes Act Case, was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51(xxix) of the Constitution and the judicial power...
Dietrich v The Queen was an important case decided in the High Court of Australia on November 13, 1992. ...
Phil Cleary is an Australian commentator on politics and sport, particularly Australian Rules Football. ...
Ratification is the act of giving official sanction or approval to a formal document such as a treaty or constitution. ...
The court developed the concept of implied human rights in the Constitution, in cases such as Australian Capital Television Pty Ltd v Commonwealth[72] (1992), Nationwide News v Wills[73] (1992) and Theophanous v Herald and Weekly Times[74] (1994), in which the court recognised an implied freedom of political communication arising from the nature of the Constitution in laying out a system of representative government. Australian Capital Television v Commonwealth was a significant court case decided in the High Court of Australia on September 30, 1992. ...
Representative democracy comprises a form of democracy and theory of civics wherein voters choose (in free, secret, multi-party elections) representatives to act in their interests, but not as their proxies—i. ...
In other areas of law, the court developed doctrines of equity in relation to commercial law and contract law, in cases such as Waltons Stores v Maher (1988)[75] and Trident General Insurance v McNiece[76] (1988), and made significant developments in tort law, in cases such as Rogers v Whitaker[77] (1992) and Burnie Port Authority v General Jones[78] (1994). The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ...
Australian contract law is based on the inherited English common law regarding contract, with specific statutory modifications of principles in some areas. ...
Tort law in Australia includes the body of precedents and, to a lesser extent, legislation, which together define the operation of tort law in Australia. ...
Brennan court  High Court as seen over Lake Burley Griffin and the terrestrial globe Sir Gerard Brennan succeeded Mason in 1995. In contrast to the previous court, the Brennan court had many changes in its membership despite being only three years long. The appointment of conservative Justices by the Howard Coalition government created conflict with the more liberal Justices of the Mason era, but nevertheless the court decided many significant cases.[79] Sir Gerard Brennan, was born in Rockhampton, Queensland, on 22 May 1928. ...
John Howard John Winston Howard (born July 26, 1939), is an Australian politician and the 25th Prime Minister of Australia, coming to office on March 11, 1996 and winning re-election in 1998, 2001 and 2004. ...
In Ha v New South Wales[80] (1997) the court invalidated a New South Wales tobacco licensing scheme, reining in the licensing scheme exception to the prohibition states levying excise duties, contained in section 90 of the Australian Constitution. While it did not overturn previous cases in which schemes had been upheld, it did emphasise that the states could not stray too far from the constitutional framework. NSW redirects here. ...
Shredded tobacco leaf for pipe smoking Tobacco can also be pressed into plugs and sliced into flakes Tobacco is an agricultural product processed from the fresh leaves of plants in the genus Nicotiana. ...
Tax rates around the world Tax revenue as % of GDP Economic policy Monetary policy Central bank Money supply Fiscal policy Spending Deficit Debt Trade policy Tariff Trade agreement Finance Financial market Financial market participants Corporate Personal Public Banking Regulation Excise tax, sometimes called an excise duty, is a type of...
The Brennan court made a number of significant decisions in relation to the judiciary of Australia. In Grollo v Palmer[81] (1995) and Wilson v Minister for Aboriginal and Torres Strait Islander Affairs[82] (1998), the court developed the persona designata doctrine, and in Kable v DPP[83] (1997), the court rejected attempts by the Parliament of New South Wales to establish a system of preventative detention, and found that the states do not have unlimited ability to regulate their courts, given the place of the courts in the Australian court hierarchy. The judiciary in Australia is modelled substantially on the system of courts which existed in England. ...
The persona designata doctrine is a doctrine in Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible for a judge to do so if the power has been conferred on the judge personally, as opposed to...
Kable v Director of Public Prosecutions for NSW (1996) 189 CLR 51; [1996] HCA 24 was a significant case decided in the High Court of Australia regarding the Chapter III rights in the Constitution and the scope of power of state courts vested with federal jurisdiction. ...
The Parliament of New South Wales consists of the Governor of New South Wales, the New South Wales Legislative Council and the New South Wales Legislative Assembly. ...
Courtroom 1 in the High Court in Canberra. ...
The court decided several cases relating to the implied freedom of political communication developed by the Mason court, notably Lange v Australian Broadcasting Corporation[84] (1997) and Levy v Victoria[85] (1997). It also decided several native title cases, including the controversial Wik case[86] (1996). Lange v Australian Broadcasting Corporation (1997) 189 CLR 520 is a High Court of Australia case that deals with the implied freedom of political communication in the Australian Constitution. ...
The Wik Decision is a decision of the High Court of Australia in Wik Peoples v. ...
Gleeson court Murray Gleeson was appointed Chief Justice in 1998. The court under Gleeson's leadership was generally regarded as more conservative than under Mason or Brennan, favouring legalism in the tradition of the Dixon and Barwick courts. In many cases the Gleeson court focused heavily on the text itself when interpreting the Constitution or a particular statute. In the Cross-vesting case[87] (1999), the court struck down legislation vesting certain areas of federal jurisdiction in the Supreme Courts of the states. In Al-Kateb v Godwin[88] (2004) a majority of the court applied a narrow interpretation of the Migration Act 1958, finding that it permitted executively-imposed indefinite detention of stateless persons. Chief Justice Murray Gleeson, Chief Justice of the High Court of Australia Anthony Murray Gleeson (30 August 1938 – ) QC AC is the Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy. ...
Re Wakim; Ex parte McNally [1999] HCA 27; (1999) 198 CLR 511; (1999) 163 ALR 270, was a significant case decided in the High Court of Australia on 17 June, 1999. ...
Al-Kateb v Godwin was an Australian court case in which the High Court of Australia ruled on 6 August 2004 that indefinite immigration detention was lawful. ...
A stateless person is someone with no citizenship or nationality. ...
However, the court did not entirely shy away from principle and public policy in its decisions.[89] In Egan v Willis[90] (1998), the court supported the New South Wales Legislative Council's ability to suspend the Treasurer when he failed to produce documents before the Council, emphasising the purpose of the ability in facilitating responsible government. In Sue v Hill[91] (1999), the court recognised Australia's emergence as a sovereign independent nation, finding that the United Kingdom was a "foreign power". The Legislative Council, or upper house, is one of the two chambers of the parliament of New South Wales in Australia. ...
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy. ...
Sue v Hill was an important Australian court case decided in the High Court of Australia on 23 June 1999. ...
The Gleeson court decided a number of important native title cases, including Yanner v Eaton[92] (1999), Western Australia v Ward[93] (2002) and the Yorta Yorta case[94] (2002). In tort law, the court's significant decisions include Perre v Apand Pty Ltd[95] (1999), concerning negligence actions where there is only pure economic loss as opposed to physical or mental injury, Dow Jones v Gutnick[96] (2002), regarding defamation on the Internet, and Cattanach v Melchior[97] (2003), a wrongful life case involving a healthy child. In criminal law, the court in R v Tang[98] (2008) upheld slavery convictions against the owner of a brothel who had held several women in debt bondage after they had been trafficked to Australia. Tort law in Australia includes the body of precedents and, to a lesser extent, legislation, which together define the operation of tort law in Australia. ...
Negligence is a legal concept usually used to achieve compensation for injuries (not accidents). ...
Slander and Libel redirect here. ...
This page is a candidate for speedy deletion. ...
Australian criminal law refers to the criminal laws of the several jurisdictions in the Commonwealth of Australia. ...
Slave redirects here. ...
Debt bondage or bonded labor is a means of paying off a familys loans via the labor of family members or heirs. ...
For other uses, see Human trafficking (disambiguation). ...
Perhaps the Gleeson court's most significant case was amongst its later ones. In the WorkChoices case[99] (2006), in which the court finally explicitly accepted a wide reading of the corporations power, after years of gradual expansion following the Concrete Pipes case[50] (1971). New South Wales & Ors v Commonwealth is a High Court of Australia case challenging the constitutional validity of the federal governments WorkChoices legislation. ...
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the...
Strickland v Rocla Concrete Pipes Ltd (1971) 124 CLR 468, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. ...
French court The present Chief Justice of Australia, Robert French was appointed in September 2008. The first decision handed down by the French Court was Lujans v Yarrabee Coal Company Pty Ltd[100] (2008), a case dealing with a motor vehicle accident. Composition of the court The High Court of Australia is composed of seven Justices: the Chief Justice of Australia and six other (puisne) Justices. The current Justices are: The composition of the High Court in 1952, before the retirement of Chief Justice Latham. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Puisne (from Old French puisne, modern putne, later born, inferior; Lat. ...
 The first bench of the High Court: Barton, Griffith & O'Connor seated, with court officials in the background. Photo taken at the first sitting of the court on 6 October 1903. The first three justices of the High Court were: Slogan or Nickname: Wildflower State or the Golden State Other Australian states and territories Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation - House seats 15 - Senate seats 12 Gross State Product (2005-06) - Product ($m) $107,910 (4th) - Product per capita $53,134/person...
This article is about the Governor-General of Australia. ...
Kevin Michael Rudd (born 21 September 1957), is the leader of the federal Australian Labor Party and Leader of the Opposition in the Australian Parliament. ...
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...
The University of Western Australia (UWA) is the oldest university in the state of Western Australia. ...
William Charles Montague Gummow (9 October 1942) AC is a Justice of the High Court of Australia, the highest court in the Australian court hierarchy. ...
NSW redirects here. ...
William George Hayden AC (born 23 January 1933), Australian politician and 21st Governor-General of Australia, was born in Brisbane, Queensland, the son of an American-born sailor of Irish descent. ...
For other persons named Paul Keating, see Paul Keating (disambiguation). ...
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...
The University of Sydney (colloquially Sydney Uni) is the oldest university in Australia. ...
Justice Kenneth Madison Hayne (1945- ) QC AC is a Judge of the High Court of Australia; the highest court in the Australian court hierarchy. ...
VIC redirects here. ...
This article or section does not cite any references or sources. ...
John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ...
This article is about the modern Australian political party. ...
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...
The University of Melbourne, is a public university located in Melbourne, Victoria. ...
Justice John Dyson Heydon (1943- ) is a Justice of the High Court of Australia; the highest court in the Australian court hierarchy. ...
NSW redirects here. ...
The Rt Revd Dr Peter Hollingworth AC OBE The Right Reverend Dr Peter Hollingworth AC OBE (born April 10, 1935), Australian bishop and 23rd Governor-General of Australia, became the first Governor-General to resign his office as a result of criticism of his conduct, when on 28 May...
John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ...
This article is about the modern Australian political party. ...
The Supreme Court of New South Wales is the highest state court for the Australian State of New South Wales. ...
The University of Oxford (informally Oxford University), located in the city of Oxford, England, is the oldest university in the English-speaking world. ...
Justice Susan Crennan (1945 – ), Australian judge, is a Judge of the Federal Court of Australia, and is scheduled to replace Justice Michael McHugh on the bench of the High Court of Australia from 1 November 2005. ...
VIC redirects here. ...
This article is about the Governor-General of Australia. ...
John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ...
This article is about the modern Australian political party. ...
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...
The University of Sydney (colloquially Sydney Uni) is the oldest university in Australia. ...
For other uses, see Queensland (disambiguation). ...
This article is about the Governor-General of Australia. ...
John Winston Howard (born 26 July 1939) is an Australian politician and the 25th Prime Minister of Australia. ...
This article is about the modern Australian political party. ...
In Melbourne, the Federal Court is housed with other federal courts such as the High Court and the Federal Magistrates Court in the Federal Court Building on the corner of La Trobe Street and William Street The Federal Court of Australia is the Australian court in which most civil disputes...
This article or section is missing references or citation of sources. ...
NSW redirects here. ...
Quentin Bryce, AC, is a lawyer, by training and currently the Governor of Queensland, Australia. ...
Kevin Michael Rudd (born 21 September 1957), is the leader of the federal Australian Labor Party and Leader of the Opposition in the Australian Parliament. ...
The Supreme Court of New South Wales is the superior court for the Australian State of New South Wales. ...
The University of Sydney (colloquially Sydney Uni) is the oldest university in Australia. ...
There were a number of possible candidates for the first bench of the High Court. In addition to the eventual appointees, Griffith, Barton and O'Connor, names which had been mentioned in the press included two future Justices of the court, Henry Higgins and Isaac Isaacs, along with Andrew Inglis Clark, Sir John Downer, Josiah Symon and George Wise. Barton and O'Connor were both members of the federal parliament, and both from the government benches; indeed Barton was Prime Minister. Each of the eventual appointees had participated in the drafting of the Constitution, and had intimate knowledge of it. All three were described as conservative, and their jurisprudence was very much influenced by English law, and in relation to the Constitution, by United States law. The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
Sir Edmund Barton, GCMG, QC (18 January 1849 – 7 January 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ...
Official portrait of OConnor, circa 1910. ...
Hon H.B. Higgins For the fictional character Henry Higgins see Pygmalion or My Fair Lady. ...
Sir Isaac Alfred Isaacs GCB GCMG (6 August 1855–12 February 1948), Australian judge and politician, was the ninth Governor-General of Australia and the first Australian to occupy that post. ...
Andrew Inglis Clark was born in Hobart, Tasmania on February 24, 1848, 5 years before the end of convict transportation to Tasmania. ...
John Downer (1843–1915) was the Premier of South Australia from 16 June 1885 until 11 June 1887. ...
Portrait of Symon after his election to the Australian Senate, circa 1901. ...
The Prime Minister of Australia is the head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. ...
In 1906, at the request of the Justices, two more seats were added to the bench, with Isaacs and Higgins the appointees. After O'Connor's death in 1912, an amendment to the Judiciary Act 1903 expanded the bench to seven. For most of 1930 two seats were left vacant, due to monetary constraints placed on the court by the Depression. The economic downturn had also led to a reduction in litigation, and consequently less work for the court. After Isaac Isaacs retired in 1931, his seat was left empty, and in 1933 an amendment to the Judiciary Act officially reduced the number of seats to six. However, this led to some decisions being split three-all. With the appointment of William Webb in 1946, the number of seats returned to seven, and since then the court has had a full complement of seven Justices. As of 2007[update] there have been 46 Justices, eleven of whom have been Chief Justice. Current Justices Susan Crennan and Susan Kiefel are the second and third women to sit on the bench, after Justice Mary Gaudron. With Virginia Bell having taken office in February 2009, there are three women sitting concurrently on the bench, alongside four men. The Judiciary Act 1903 (Cth. ...
The Chief Justice of Australia is the senior justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia. ...
Justice Susan Crennan (1945 – ), Australian judge, is a Judge of the Federal Court of Australia, and is scheduled to replace Justice Michael McHugh on the bench of the High Court of Australia from 1 November 2005. ...
Mary Genevieve Gaudron (born 5 January 1943) was the first female judge of the High Court of Australia. ...
This article or section is missing references or citation of sources. ...
More than half of the Justices, twenty-four, have been residents of New South Wales (with twenty-three of these graduates of Sydney Law School). Thirteen were from Victoria, six from Queensland and three from Western Australia. No Justices have been residents of South Australia or Tasmania, or any of the territories. The majority of the justices have been from Protestant backgrounds, with a smaller number from Catholic backgrounds. Sir Isaac Isaacs was of Polish/Jewish background, the only representative of any other faith. He also remains the only High Court Justice from a non Anglo-Celtic background. Michael Kirby was the first openly gay justice in the history of the Court; his replacement Virginia Bell is the first openly lesbian,[101] who has been an active campaigner for gay and lesbian rights and was one of the participants in the first Sydney Gay and Lesbian Mardi Gras in 1978.[102] NSW redirects here. ...
Sydney Law School comprises the University of Sydneys Faculty of Law. ...
VIC redirects here. ...
For other uses, see Queensland (disambiguation). ...
Slogan or Nickname: Wildflower State or the Golden State Other Australian states and territories Capital Perth Government Constitutional monarchy Governor Ken Michael Premier Alan Carpenter (ALP) Federal representation - House seats 15 - Senate seats 12 Gross State Product (2005-06) - Product ($m) $107,910 (4th) - Product per capita $53,134/person...
For the song, see South Australia (song). ...
Slogan or Nickname: Island of Inspiration; The Apple Isle; Holiday Isle Motto(s): Ubertas et Fidelitas (Fertility and Faithfulness) Other Australian states and territories Capital Hobart Government Constitutional monarchy Governor Peter Underwood Premier David Bartlett (ALP) Federal representation - House seats 5 - Senate seats 12 Gross State Product (2006-07) - Product...
Protestantism is a general grouping of denominations within Christianity. ...
Sir Isaac Alfred Isaacs GCB GCMG (6 August 1855–12 February 1948), Australian judge and politician, was the ninth Governor-General of Australia and the first Australian to occupy that post. ...
The word Jew ( Hebrew: יהודי) is used in a wide number of ways, but generally refers to a follower of the Jewish faith, a child of a Jewish mother, or someone of Jewish descent with a connection to Jewish culture or ethnicity and often a combination of these attributes. ...
Anglo-Celtic is a macro-cultural term[1] used to collectively describe the cultures native to the British Isles, and the significant diasporas located in Australia, Canada, New Zealand, South Africa and the United States. ...
This article is about Australian High Court judge Michael Kirby. ...
This article or section is missing references or citation of sources. ...
Performers in the 2006 Sydney Mardi Gras The Sydney Gay & Lesbian Mardi Gras is an annual gay pride parade and festival for the LGBT community in Sydney, Australia. ...
Almost every single judge on the High Court has taken silk as a QC or KC before appointment. The exceptions are: Justice Hayden Starke (although he refused to take silk), Justices Edward McTiernan, William Webb, Cyril Walsh, Michael Kirby and now Chief Justice Robert French. For information about The Times satire Queens Counsel, see Queens Counsel (comic strip). ...
Queens Counsel (postnominal QC), during the reign of a male Sovereign known as Kings Counsel (KC), are barristers or, in Scotland, advocates appointed by Letters patent to be one of Her Majestys Counsel learned in the law. They do not constitute a separate order or degree of...
Hon Sir Hayden Erskine Starke KCMG (1871 – 1958), Australian judge, was a justice of the High Court of Australia. ...
Sir Edward Aloysius McTiernan (February 16, 1892 - January 9, 1990) was an Australian jurist, lawyer and politician. ...
Rt Hon Sir Cyril Ambrose Walsh KBE PC (1909 – 28 November 1973), Australian judge, was a Justice of the High Court of Australia. ...
This article is about Australian High Court judge Michael Kirby. ...
Appointment process Appointments are officially made by the Governor-General in Council. In practice, appointees are nominated by the Prime Minister, on advice from the Cabinet, particularly from the Attorney-General of Australia. For example, four Justices were appointed while Andrew Fisher was Prime Minister, but it was largely on Attorney-General Billy Hughes' authority that the candidates were chosen.[citation needed] Since 1979, the Attorney-General has been required by section 6 of the High Court of Australia Act 1979 to consult with the Attorneys-General of the states and territories of Australia about appointments to the court. The process was first used in relation to the appointment of Justice Wilson, and has been generally successful, despite the occasional criticism that the states merely have a consultative, rather than a determinative, role in the selection process.[103] The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...
The Prime Minister of Australia is the head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. ...
The Attorney-General of Australia is the chief law officer of the Crown and a member of the Federal Cabinet. ...
Andrew Fisher at the naming of Canberra ceremony, 1913 Andrew Fisher (29 August 1862 - 22 October 1928), Australianpolitician and fifth Prime Minister of Australia, was born in Crosshouse, a mining village near Kilmarnock, East Ayrshire, Scotland. ...
For other persons named Billy Hughes, see Billy Hughes (disambiguation). ...
The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
Sir Ronald Wilson Sir Ronald Wilson, AC , KBE , CMG , QC , LL.M , LL.B ( 23 August 1922- 15 July 2005) was born on 23 August 1922 . ...
There are no qualifications for Justices in the Constitution (other than that they must be under the retirement age of 70). The High Court of Australia Act requires that appointees have been a judge of a federal, state or territory court, or that they have been enrolled as a legal practitioner for at least five years, with either the High Court itself or with a state or territory Supreme Court. There are no other formal requirements.[104] Courtroom 1 in the High Court in Canberra. ...
The appointment process stands in stark contrast with the highly public selection and confirmation process for justices of the Supreme Court of the United States. While there are people who are critical of the secrecy of the process, and who advocate a more public method for appointments, there are relatively few who dispute the quality of appointees.[citation needed] Although three of the Chief Justices (Adrian Knox, John Latham and Garfield Barwick) were conservative politicians at the time of their appointment, and were appointed by conservative governments, their political views are not considered to have interfered with their performance on the court, and their talent is rarely questioned.[citation needed] However, there is frequent criticism of Barwick's intervention in the 1975 Australian constitutional crisis, when he gave advice to Governor-General Sir John Kerr.[citation needed] On the other side of politics, Labor politicians H. V. Evatt, Edward McTiernan, and Lionel Murphy were also appointed to the High Court; Murphy's appointment was controversial at the time and his reputation was gravely damaged in 1985 by charges that he had attempted to pervert the course of justice, although he was eventually acquitted.[citation needed] The Supreme Court of the United States (sometimes colloquially referred to by the acronym SCOTUS[1]) is the highest judicial body in the United States and leads the federal judiciary. ...
Sir Adrian Knox PC KCMG (born 1863, died 1932), Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930. ...
Rt Hon Sir John Latham, as Minister for External Affairs in the Lyons government Sir John Latham KBE (26 August 1877 – 25 July 1964), Australian judge and politician, was the fifth Chief Justice of the High Court of Australia. ...
Sir Garfield Edward John Barwick, AK GCMG, PC (22 June 1903 - 14 July 1997) was the Chief Justice of the High Court of Australia. ...
Gough Whitlam speaking on the steps of Parliament House, Canberra, following his dismissal. ...
The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...
Rt Hon Dr H.V. Evatt Dr Herbert Vere Evatt (April 30, 1894 - November 2, 1965), Australian jurist, politician and writer (generally known in his lifetime as Dr H.V. Evatt and popularly known as Doc) was born in Maitland, New South Wales, to a working-class family of Anglo...
Sir Edward Aloysius McTiernan (February 16, 1892 - January 9, 1990) was an Australian jurist, lawyer and politician. ...
Hon Lionel Murphy Lionel Keith Murphy (30 August 1922 - 21 October 1986), Australian politician, was Attorney-General in the Government of Gough Whitlam, and a Justice of the High Court of Australia. ...
See also References - ^ Owen Dixon (1952). "Address on being sworn in as Chief Justice". Commonwealth Law Reports 85: XIII.
- ^ Bennett, J.M. (1980). "Foreword by Sir Garfield Barwick". Keystone of the Federal Arch. Canberra: Australian Government Publishing Service. ISBN 0-642-04866-5.
- ^ Australian Law Reform Commission. "The Judicial Power of the Commonwealth". Australian Legal Information Institute. http://www.austlii.edu.au/au/other/alrc/publications/reports/92/ch12.html#Heading7. Retrieved 2006-03-19.
- ^ (1912) 15 CLR 182
- ^ a b c d e Hull, Crispin (2003). The High Court of Australia: celebrating the centenary 1903-2003. Lawbook Co.. ISBN 0-455-21947-8.
- ^ [1985] HCA 27; (1985) 159 CLR 461
- ^ [1967] HCA 21; (1967) 117 CLR 221
- ^ [1978] HCA 9; (1978) 141 CLR 88
- ^ a b c d e "Murray Gleeson - The birth, life and death of Section 74". High Court of Australia. http://www.hcourt.gov.au/speeches/cj/cj_griffith2.htm. Retrieved 10 December 2005.
- ^ a b [1963] HCA 14; (1963) 111 CLR 610
- ^ Parker v The Queen [1964] AC 1369; (1964) 111 CLR 665
- ^ a b c d e f g Williams, John (2003). One hundred years of the High Court of Australia. King's College, London. ISBN 1-85507-124-X.
- ^ a b c d Bennett, J.M. (1980). Keystone of the Federal Arch. Canberra: Australian Government Publishing Service. ISBN 0-642-04866-5.
- ^ McHugh, Michael (15 February 2002). "The High Court and the Oxford Companion to the High Court". High Court of Australia. http://www.hcourt.gov.au/speeches/mchughj/mchughj_oxford.htm. Retrieved 2007-12-03.
- ^ Alfred Deakin (1902). "Judiciary Bill, second reading". Commonwealth Parliamentary Debates 8: 10967.
- ^ "High Court Building". Our Nation's First Capital. Public Records Office Victoria. http://www.prov.vic.gov.au/exhibs/ournation/f_hcb.htm. Retrieved 2007-12-04.
- ^ Public Information Officer, High Court of Australia (2 October 2003). "High Court Centenary" (PDF). Press release. http://www.hcourt.gov.au/media/hca.pdf. Retrieved 2007-12-04.
- ^ Stuart Macintyre (1986). "Latham, Sir John Greig (1877 - 1964)". Australian Dictionary of Biography. 10. Melbourne University Press. pp. 2-6. ISBN 0522843271.
- ^ Ayres, Philip (April 2003). "Australia's War in American Eyes: Owen Dixon in Washington, 1942-43" ([dead link] – Scholar search). [[Quadrant (magazine)|]] (Sydney: Quadrant Magazine) 47 (4): 317–24. ISSN 0033-5002. ISSN 1121-760X. PMID 14706927. http://quadrant.org.au/php/archive_details_list.php?article_id=217. Retrieved 2007-12-04.
- ^ "About the High Court - History of the High Court". High Court of Australia. http://www.hcourt.gov.au/about_02.html. Retrieved 10 December 2005.
- ^ "Papers of Colin Madigan 1900-2002 [manuscript]". Catalogue record. National Library of Australia. http://nla.gov.au/nla.cat-vn759843. Retrieved 2007-10-19.
- ^ Australian National Heritage listing for the High Court-National Gallery Precinct
- ^ a b c Mason, Anthony (2001). "Griffith Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ (1904) 1 CLR 585
- ^ [1904] HCA 1; (1904) 1 CLR 91
- ^ 17 U.S. 316 (1819)
- ^ [1904] HCA 21; (1904) 1 CLR 497
- ^ [1908] HCA 43; (1908) 6 CLR 41
- ^ (1908) 6 CLR 469
- ^ Donald Markwell, "Griffith, Barton and the early governor-generals: aspects of Australia's constitutional development", Public Law Review, 1999.
- ^ [1920] HCA 54; (1920) 28 CLR 129
- ^ [1921] HCA 25; (1921) 29 CLR 329
- ^ Cowen, Zelman (2001). "Isaac Alfred Isaacs". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ Fricke, Graham (2001). "Gavan Duffy Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1932] HCA 20; (1932) 47 CLR 97
- ^ (1932) 46 CLR 155
- ^ Douglas, Roger (2001). "Latham Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1941] HCA 20; (1941) 65 CLR 255
- ^ [1944] HCA 8; (1944) 69 CLR 51
- ^ (1942) 65 CLR 373
- ^ [1943] HCA 12; (1943) 67 CLR 116
- ^ [1948] HCA 7; (1948) 76 CLR 1
- ^ [1945] HCA 30; (1945) 71 CLR 237
- ^ [1951] HCA 5; (1951) 83 CLR 1
- ^ [1941] HCA 28; (1941) 67 CLR 536
- ^ [1936] HCA 52; (1936) 55 CLR 608
- ^ a b c Zines, Leslie (2001). "Dixon Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1956] HCA 10; (1956) 94 CLR 254
- ^ [1957] HCA 54; (1957) 99 CLR 575
- ^ a b [1971] HCA 40; (1971) 124 CLR 468
- ^ [1975] HCA 58; (1975) 135 CLR 337
- ^ [1975] HCA 46; (1975) 134 CLR 201
- ^ [1977] HCA 60; (1977) 139 CLR 585
- ^ [1976] HCA 23; (1976) 134 CLR 495
- ^ [1974] HCA 28; (1974) 131 CLR 432
- ^ [1975] HCA 39; (1975) 134 CLR 81
- ^ Mason, Anthony (2001). "Barwick Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ a b Twomey, Anne (2001). "Gibbs Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1982] HCA 27; (1982) 153 CLR 168
- ^ [1983] HCA 21; (1983) 158 CLR 1
- ^ [1982] HCA 23; (1982) 150 CLR 169
- ^ [1985] HCA 81; (1985) 159 CLR 550
- ^ [1984] HCA 7; (1984) 153 CLR 521
- ^ [1984] HCA 67; (1984) 156 CLR 532
- ^ [1988] HCA 18; (1988) 165 CLR 360
- ^ a b Dillon, Michelle & Doyle, John (2001). "Mason Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1992] HCA 23; (1992) 175 CLR 1
- ^ [1991] HCA 32; (1991) 172 CLR 501
- ^ [1992] HCA 57; (1992) 177 CLR 292
- ^ [1992] HCA 60; (1992) 176 CLR 77
- ^ [1995] HCA 20; (1995) 183 CLR 273
- ^ [1992] HCA 45; (1992) 177 CLR 106
- ^ [1992] HCA 46; (1992) 177 CLR 1
- ^ [1994] HCA 46; (1994) 182 CLR 104
- ^ [1988] HCA 7; (1988) 164 CLR 387
- ^ [1988] HCA 44; (1988) 165 CLR 107
- ^ [1992] HCA 58; (1992) 175 CLR 479
- ^ [1994] HCA 13; (1994) 179 CLR 520
- ^ Jackson, David (2001). "Brennan Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1997] HCA 34; (1997) 189 CLR 465
- ^ [1995] HCA 26
- ^ [1996] HCA 18
- ^ [1996] HCA 24
- ^ [1997] HCA 25
- ^ [1997] HCA 31
- ^ [1996] HCA 40
- ^ [1999] HCA 27
- ^ [2004] HCA 37; (2004) 219 CLR 562
- ^ Zines, Leslie (2001). "Gleeson Court". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ [1998] HCA 71
- ^ [1999] HCA 30; (1999) 199 CLR 462
- ^ [1999] HCA 53
- ^ [2002] HCA 28
- ^ [2002] HCA 58
- ^ [1999] HCA 36
- ^ [2002] HCA 56
- ^ [2003] HCA 38
- ^ [2008] HCA 39
- ^ [2006] HCA 52
- ^ [2008] HCA 51
- ^ NSW Supreme Court farewells High Court appointee Virginia Bell, The Australian, 20 December 2008
- ^ Dennett, Harley (2008-12-17). "New justice a 78'er". Sydney Star Observer. http://www.starobserver.com.au/news/2008/12/17/new-justice-a-78er/3381. Retrieved 2009-06-10.
- ^ Durack, Peter (2001). "High Court of Australia Act". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
- ^ Evans, Simon (2001). "Appointment of Justices". in Blackshield, Tony, Coper, Michael & Williams, George. The Oxford Companion to the High Court of Australia. South Melbourne, Victoria: Oxford University Press. ISBN 0-19-554022-0.
External links - Official High Court of Australia website
- The Highest Court 58 min. Documentary film. Only film ever permitted to be made in the High Court. Filmed during the Brennan Court in 1998. Dir: Daryl Dellora. NSW Media Law Award. Features Justices Brennan (CJ), Dawson, Toohey, Gaudron, Gummow, McHugh, Kirby, Hayne and Callinan.
| Politics of Australia | | | Commonwealth | Parliament · House of Representatives · Senate · High Court · Lower courts · Queen · Governor-General · Prime Minister · Cabinet · Executive Council · Ministry Courtroom 1 in the High Court in Canberra. ...
The Judiciary Act 1903 (Cth. ...
The judiciary in Australia is modelled substantially on the system of courts which existed in England. ...
// This article or section does not cite its references or sources. ...
This is a chronological list of notable cases decided by the High Court of Australia. ...
The composition of the High Court in 1952, before the retirement of Chief Justice Latham. ...
Sir Samuel Griffith Sir Samuel Walker Griffith (June 21, 1845 - August 9, 1920), Australian politician and judge, was the principal author of the Constitution of Australia. ...
Rt Hon Edmund Barton Sir Edmund Barton (January 18, 1849 - January 7, 1920), Australian politician and judge, was the first Prime Minister of Australia and a founding justice of the High Court of Australia. ...
The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States...
The Wikimedia Commons (also called Wikicommons) is a repository of free content images, sound and other multimedia files. ...
Sir Owen Dixon, GCMG, KBE, PC (1886 - 1972), Australian judge and politician, was the sixth Chief Justice of Australia. ...
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. ...
Justice Michael McHugh Justice Michael Hudson McHugh (b. ...
Alfred William Deakin (3 August 1856 – 7 October 1919), Australian politician, was a leader of the movement for Australian federation and later second Prime Minister of Australia. ...
ISSN, or International Standard Serial Number, is the unique eight-digit number applied to a periodical publication including electronic serials. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Volumes of the United States Reports on the shelf at a law library The United States Reports are the official record of the rulings, orders, case tables, and other proceeding of the Supreme Court of the United States. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
The Australian is a national daily broadsheet newspaper published by Rupert Murdochs News Corporation. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Oxford University Press (OUP) is a highly-respected publishing house and a department of the University of Oxford in England. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
Australia, officially the Commonwealth of Australia, is the sixth-largest country in the world, the only country to occupy an entire continent, and the largest in the region of Australasia/Oceania. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
Type Lower house Speaker of the House David Hawker, Liberal since November 16, 2004 Members 150 Political groups ALP (85) Liberal Party (53) National Party (10) Last elections 24 November 2007 Meeting place Parliament House, Canberra, ACT Web site House of Representatives Entrance to the House of Representatives Judicial High...
Type Upper house President Alan Ferguson, Liberal since 14 August 2007 Members 76 Political groups Coalition (39) ALP (28) Green (4) Democrat (4) FFP (1) Last elections 9 October 2004 Meeting place Parliament House, Canberra, ACT Web site Senate Entrance to the Senate Judicial High Court Lower Courts Constitution State...
Courtroom 1 in the High Court in Canberra. ...
The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...
The Prime Minister of Australia is the head of government of the Commonwealth of Australia, holding office on commission from the Governor-General. ...
Prime Minister of Australia, John Howard with his Cabinet in 1999 The Cabinet of Australia is the council of senior ministers, responsible to parliament. ...
The Federal Executive Council is the formal body holding executive authority under the Australian Constitution. ...
|  | | | Federal elections | | | | State/territory elections | ACT (2008 election) · NSW (2011 election) · NT (2008 election) · QLD (2009 election) · SA (2010 election) · TAS (2006 election) · VIC (2010 election) · WA (2008 election) The states and territories of Australia make up the Commonwealth of Australia under a federal system of government. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
Slogan or Nickname: The Nations Heart or The Capital Motto(s): For the Queen, the Law and the People Other Australian states and territories Capital Canberra Government Constitutional monarchy Administrator Governor General of Australia Chief Minister Jon Stanhope (ALP) Federal representation - House seats 2 - Senate seats 2 Gross Territorial Product...
The form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
Queensland Government Logo The Government of Queensland is commonly known as the Queensland Government. ...
The form of the Government of South Australia is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ...
Tasmanian Coat of Arms featuring two Thylacines The form of the Government of Tasmania is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then. ...
The formation of the Government of Western Australia is prescribed in its Constitution, which dates from 1890, although it has been amended many times since then. ...
| | | Political parties | | | | Constitution of Australia | | | Chapters | I: The Parliament · II: The Executive · III: Courts · IV: Finance and trade · V: The States · VI: New States · VII: Miscellaneous · VIII: Amendments Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
In Australian constitutional law, Chapter Three Courts or Chapter III Courts are courts of law which are a part of the Australian federal judiciary, and thus are able to discharge Commonwealth judicial power. ...
Chapter VIII of the Australian Constitution is the chapter of the Constitution of Australia which provides the method for altering the Constitution. ...
| | | Sections | 1 · 2 · 7 · 15 · 24 · 41 · 44 · 52 · 61 · 71 · 80 · 90 · 92 · 106 · 109 · 116 · 128 Section 41 of the Australian Constitution is a provision of the Constitution of Australia which states that no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any...
In Australia, legislative power is held concurrently by the Commonwealth and the States. ...
| | | | Powers of interstate trade and commerce · taxation · communication · defence · quarantine · fisheries · currency · banking · insurance · copyrights, patents and trademarks · naturalization and aliens · corporations · marriage · divorce · pensions · social security · race · immigration · external affairs · acquisition of property · conciliation and arbitration · transition · referral · incident Section 51 of the Australian Constitution grants legislative powers to the Australian (Commonwealth) Parliament. ...
Section 51(i) of the Australian Constitution enables the Commonwealth government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. ...
S51(v) of the Australian Constitution: Postal, Telegraphic, Telephonic and like Services This is a part of Section 51 of the Australian Constitution that gives the Commonwealth power to legislate on postal, telegraphic, telophonic, and other like services. The High Court has taken a flexible approach to interpreting this provision...
Section 51(vi) of the Australian Constitution, commonly called the defence power, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to the naval and military defence of the Commonwealth and of the several States, and the control...
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to foreign corporations, and trading for financial corporations formed within the limits of the Commonwealth. This power has become known as the...
Section 51(xxvi) of the Australian Constitution, commonly called the race power, is the subsection of Section 51 of the Australian Constitution granting the Australian commonwealth power to make special laws for people of any race. ...
Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to external affairs. In recent years, most attention has focused on the use of the power to pass legislation giving...
Section 51(xxxi) of the Australian Constitution provides that the parliament has the power to make laws for the peace, order and good government of the Commonwealth with respect to: The acquisition of property on just terms from any State or person for any purpose in respect of which the...
Section 51(xxxvii) of the Australian Constitution permits the Commonwealth to legislate on matters referred to the Commonwealth by any state. ...
| | | | Amendments | | | | Other documents | Statute of Westminster 1931 · Statute of Westminster Adoption Act 1942 · Australia Act 1986 · Australian Constitution (Public Record Copy) Act 1990 This article is about the Statute of Westminster relating to the British Empire and its dominions. ...
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Australia Act 1986 (United Kingdom) document, located in Parliament House, Canberra The Australia Act 1986 is an act of the Parliament of Australia (No. ...
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| | | Institutions | Constitutional Conventions · Governor-General · Monarchy · Parliament · High Court · Inter-State Commission In Australian history, the term Constitutional Convention refers to five distinct gatherings. ...
The Governor-General of the Commonwealth of Australia is the representative of Queen Elizabeth II, Queen of Australia. ...
Type Bicameral Houses House of Representatives Senate Speaker of the House of Representatives David Hawker, Liberal Party since 16 November 2004 President of the Senate Alan Ferguson, Liberal Party since 14 August 2007 Members 226 (150 Representatives, 76 Senators) Political groups Liberal Party ALP National Party Country Liberal Party Greens...
The Inter-State Commission, or Interstate Commission, is a defunct constitutional body under Australian law. ...
| | Theories and
doctrines | Responsible government · Separation of powers · Federalism · Reserved State powers · Implied immunity of instrumentalities Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy. ...
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On 1 January 1901 the Australian nation emerged as a federation. ...
The reserved State powers, also called reserved powers, is a doctrine used in the interpretation of the Constitution of Australia. ...
| | | Other topics | Australian constitutional law · Constitutional custom · Reserve power · Constitutional history of Australia · 1975 Australian constitutional crisis · Proposals for new Australian states · Australian republicanism Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. ...
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// Main article: Australian federation After European settlement in 1788, Australia was politically organized as a number of separate British colonies, eventually six in all. ...
Gough Whitlam speaking on the steps of Parliament House, Canberra, following his dismissal. ...
A number of proposals for further states of Australia have been made in the past century. ...
Judicial High Court Lower Courts Constitution State and territory governments Executive Governors and Administrators Premiers and Chief Ministers Legislative Parliaments and Assemblies State electoral systems ACT - NSW - NT - Qld. ...
| | | Locations near Lake Burley Griffin, Canberra | | | East Basin | | | | Central Basin | Commonwealth Park · ANZAC Parade · National Carillon on Aspen Island · National Gallery of Australia · High Court of Australia · Commonwealth Place · Questacon · National Library of Australia · Australians of the Year Walk Courtroom 1 in the High Court in Canberra. ...
Courtroom 1 in the High Court in Canberra. ...
The Supreme Court of the Australian Capital Territory is the highest court in the Australian Territory of the Australian Capital Territory. ...
The Supreme Court of New South Wales is the highest state court for the Australian State of New South Wales. ...
The Supreme Court of the Northern Territory is the highest court in the Australian Territory of the Northern Territory. ...
The Supreme Court of Queensland, which is based at the Law Courts Complex, is the superior court for the Australian State of Queensland. ...
The Supreme Court of South Australia building from Victoria Square. ...
The Supreme Court of Tasmania is the highest court in the Australian State of Tasmania. ...
The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. ...
The Supreme Court of Western Australia is the highest state court in the Australian State of Western Australia. ...
Sunset over Lake Burley Griffin, viewed from the Commonwealth Bridge Lake Burley Griffin is a lake in the centre of Canberra, Australias federal capital city. ...
For other uses, see Canberra (disambiguation). ...
ANZAC Parade, a significant road and thoroughfare in the Australian capital Canberra, is used for ceremonial occasions and is the site of many major military memorials. ...
The National Carillon is a large carillon situated on Aspen Island in Lake Burley Griffin, Canberra, Australia. ...
Aspen Island is an island within Lake Burley Griffin, in the centre of Canberra, Australias federal capital city. ...
National Gallery of Australia The National Gallery of Australia is a major art gallery (museum) in Canberra, Australia. ...
Commonwealth Place is located on the southern shore of Lake Burley Griffin, Canberra. ...
Questacon – the National Science and Technology Centre, is located on the southern shore of Lake Burley Griffin in Canberra, Australia. ...
National Library of Australia National Library of Australia as viewed from Lake Burley Griffin The National Library of Australia is located in Canberra, Australia. ...
| | | West Basin | | | | West Lake | Spinnaker Island · Springbank Island · Black Mountain Peninsula · Glenloch Interchange · Yarramundi Reach (peninsula) · Lindsay Pryor National Arboretum · Scrivener Dam · Government House · Royal Canberra Golf Club · Weston Park · Canberra Yacht Club The Albert Hall is a hall in Canberra used for entertainment purposes. ...
The Hotel Canberra is in Yarralumla, near Lake Burley Griffin and Parliament House. ...
Canberra-Nara park within Lennox gardens Lennox Gardens, a park in Canberra, Australia, lying on the south side of Lake Burley Griffin, close to Commonwealth Avenue Bridge and Albert Hall in the suburb of Yarralumla. ...
Central garden of the National Museum of Australia The National Museum of Australia first opened its doors to the public in March 2001 in the nations federal capital city of Canberra. ...
The Royal Canberra Hospital implosion occurred on July 13, 1997, when the citys superseded hospital buildings at Acton Peninsula on Lake Burley Griffin were demolished to make way for the National Museum of Australia. ...
Spinnaker Island is an island within Lake Burley Griffin, in the centre of Canberra, Australias federal capital city. ...
Springbank Island is an island within Lake Burley Griffin, in the centre of Canberra, Australias federal capital city. ...
Scrivener Dam, in Canberra, Australia, was engineered to withstand a once-in-5000-years flood Scrivener Dam, in Canberra, Australia, was engineered to withstand a once-in-5000 years flood. ...
Government House from the lookout on Lady Denman Drive Government House, Canberra, commonly known as Yarralumla, is the official residence of the Governor-General of Australia, located in the suburb of Yarralumla, Canberra. ...
The Canberra Golf Club, later known as the Royal Canberra Golf Club, was formed in 1926. ...
Weston Park Weston Park, Canberra, Australia. ...
| | Coordinates: 35°17′56″S 149°08′08″E / 35.29889°S 149.13556°E / -35.29889; 149.13556 Map of Earth showing lines of latitude (horizontally) and longitude (vertically), Eckert VI projection; large version (pdf, 1. ...
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