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Air Caledonie International V Commonwealth
''Air Caledonie International v Commonwealth'', is a High Court of Australia case that provides guidance as to the constitutional definition of a tax. Facts The Commonwealth passed an amendment modifying the ''Migration Act 1958''. The amendment imposed a fee on all persons entering Australia for immigration clearance. The implementation of such a scheme meant that airline operators would have to make payments to the Commonwealth government. Decision The High Court unanimously held that the fee for migration clearance was a tax. If section 55 of the Australian Constitution (which requires that legislation imposing tax deals only with imposing tax) is read literally, the effect of this decision would have invalidated the rest of the ''Migration Act''. The Court was thus careful to invalidate only the Amending Act. The migration clearance fee was a tax because it has all the positive attributes of a tax. It was: * compulsory; * exacted by a public authority for public purposes ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises Original jurisdiction, original and appellate jurisdiction on matters specified within Constitution of Australia, Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judiciary, judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice of Australia, Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General of Australia, Governor-General on the Advice (constitutional law), advice of the Prime Minister of Australia, Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire ea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mason (judge)
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court of Australia, High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled clerk, articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ronald Wilson
Sir Ronald Darling Wilson, (23 August 192215 July 2005) was a distinguished Australian lawyer, judge and social activist serving on the High Court of Australia between 1979 and 1989 and as the President of the Human Rights and Equal Opportunity Commission between 1990 and 1997. Wilson is probably best known as the co-author with Mick Dodson of the 1997 ''Bringing Them Home'' report into the Stolen Generation which led to the creation of a National Sorry Day and a walk for reconciliation across the Sydney Harbour Bridge in 2000 with an estimated people participating. Wilson was also one of three judges sitting on The WA Inc Royal Commission in the early 1990s which eventually led to former Premier Brian Burke being jailed in March 1997. Early life and academic background Wilson was born in Geraldton, in Western Australia (WA) on 23 August 1922. His early life was marked by sorrow and hardship. When he was four years old his mother died. At the age of seven his father, a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerard Brennan
Sir Francis Gerard Brennan (22 May 1928 – 1 June 2022) was an Australian lawyer and jurist who served as the 10th Chief Justice of Australia. As a judge in the High Court of Australia, he wrote the lead judgement on the Mabo decision, which gave rise to the Native Title Act. Early life and education Brennan was born on May 22, 1928 in Rockhampton, Queensland. He was the son of Frank Tenison Brennan, a Labor Party politician, lawyer and judge of the Supreme Court of Queensland. He was raised as, and continued to be, a Catholic and has said: "Egalitarianism, tolerance and the respect for conscience are the practical manifestations of faith, hope and charity." Career Prime Minister Malcolm Fraser appointed Brennan to the court in 1981. As a High Court judge, Brennan wrote the lead judgement on the Mabo decision, which overturned the doctrine of ''terra nullius'' used to justify the Crown's sovereignty over Australia, replacing it with the doctrine of native title, and t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Deane
Sir William Patrick Deane (born 4 January 1931) is an Australian barrister and jurist who served as the 22nd governor-general of Australia, in office from 1996 to 2001. He was previously a Justice of the High Court of Australia from 1982 to 1995. Deane received his undergraduate education at the University of Sydney, and later studied international law at The Hague Academy of International Law in the Netherlands. Prior to joining the judiciary, Deane worked for periods as a barrister and university lecturer. He was appointed to the Supreme Court of New South Wales in 1977, and later that year was also appointed to the Federal Court of Australia. Deane was elevated to the High Court in 1982, and during his tenure was generally considered to fall on the court's progressive side. He retired from the court in 1995, and the following year was appointed governor-general on the recommendation of Paul Keating. Deane had a low profile during his five-year term, facing no major constitut ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daryl Dawson
Sir Daryl Michael Dawson, (born 12 December 1933) is a former Australian judge who served as a Justice of the High Court of Australia from 1982 to 1997. Before being appointed to the High Court, he served for periods as a legal officer in the Royal Australian Navy and as Solicitor-General of Victoria. Early life and education Dawson was born in Melbourne but raised in Canberra, where he attended Canberra High School. He completed his undergraduate education at the University of Melbourne, living at Ormond College and received a Bachelor of Laws with honours. He later completed a Master of Laws at Yale University on a Fulbright Scholarship. Career Legal career Dawson was admitted to the Victorian Bar in 1957 (and later to the Tasmanian Bar in 1972). In the 1960s, he served as a commander in the Royal Australian Navy's legal service in Melbourne, holding the rank of lieutenant commander in the Naval Reserve. He was appointed a Queen's Counsel in 1971, and served as the Solicitor- ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Toohey (judge)
John Leslie Toohey, AC, QC (4 March 1930 – 9 April 2015) was an Australian judge who was a Justice of the High Court of Australia from 1987 to 1998. Early life and education Toohey was born in rural Western Australia on 4 March 1930, to Albert and Sylvia Toohey. He was the eldest child, with two younger sisters and a younger brother. He completed his secondary education at St. Louis School (now John XXIII College), a Catholic school in Perth. He studied law and arts at the University of Western Australia. He graduated with first class honours in law in 1950, receiving the FE Parsons Prize (for the most outstanding graduate) and the HCF Keall Prize (for the best fourth year student). He completed his arts degree with first-class honours in 1956. Legal career After completing his law degree, Toohey commenced his articles of clerkship at the Perth law firm Lavan & Walsh, and was admitted as a legal practitioner in 1952. Toohey soon rose to prominence in the Western Au ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mary Gaudron
Mary Genevieve Gaudron (born 5 January 1943), is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the International Labour Organization, serving as the President of its Administrative Tribunal from 2011 until 2014. Early life Gaudron was born in Moree, in northern rural New South Wales in 1943, the daughter of working-class parents Edward and Grace Gaudron. She would later speak about the intense racism towards Indigenous Australians which was part of everyday life in Moree and how it influenced her strong opposition to all forms of discrimination. In 1965, Moree was the site of a violent conflict during the Freedom Ride. In 1951, H. V. Evatt passed through Moree to campaign for the "no" case in the 1951 referendum, at which the Menzies Liberal government was attempting to al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Basis Of Taxation In Australia
The constitutional basis of taxation in Australia is predominantly found in sections 51(ii), Legislative powers of the Parliament. 90, Exclusive power over customs, excise, and bounties. 53, Powers of the Houses in respect of legislation. 55, Tax Bill. and 96, of the Constitution of Australia. Their interpretation by the High Court of Australia has been integral to the functioning and evolution of federalism in Australia. The constitutional scheme as well as judicial interpretations have created a Fiscal imbalance in Australia, vertical fiscal imbalance, whereby the Commonwealth has the revenue-raising abilities while the States have major spending responsibilities. For example, primarily, Australian states fund schools and hospitals. The result of the limitations on state taxing power is that the Commonwealth collects the money through taxes, and distributes that money to states. The power to distribute funds to states, on conditions, is contained in Section 96 of the Constitutio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force on 1 January 1901, at which time the Commonwealth of Australia came into being. The Constitution created a framework of government some of whose main features, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Winterton
George Graham Winterton (15 December 1946 – 6 November 2008) was an Australian academic specialising in Australian constitutional law. Winterton taught for 28 years at the University of New South Wales before taking up an appointment of Professor of Constitutional Law at the University of Sydney in 2004. Winterton served as a member of the Executive Government Advisory Committee of the Constitutional Commission from 1985 to 1987. Early life Winterton was born in Hong Kong on 15 December 1946. His parents, Rita and Walter, had married in Hong Kong after fleeing Austria shortly after the 1938 Nazi invasion. His father practised medicine in Japanese-occupied Hong Kong and, in May 1947, he and his family sailed to London on the ''MV Lorenz''. Walter having gained an English medical qualification, the Wintertons left Britain in 1948, arriving in Australia in November where Walter became a general practitioner in Western Australia, first at Pingelly, then Mount Hawthorn (North Per ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
