Baxter V Commissioners Of Taxation (NSW)
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Baxter V Commissioners Of Taxation (NSW)
''Baxter v Commissioners of Taxation (NSW)'',. and ''Flint v Webb'', were the last of a series of cases concerning whether the States could tax the income of a Commonwealth officer which had resulted in conflict between the High Court and the Privy Council. The two cases were heard together, however two separate judgments were issued with ''Baxter v Commissioners of Taxation (NSW)'' addressing the substantive issues, and ''Flint v Webb'' addressing the applications for a certificate to appeal to the Privy Council. The judgement of Griffith CJ in ''Flint v Webb'' suggested two ways in which that conflict could be resolved. Both suggestions were adopted by the Commonwealth Parliament by legislation that permitted the States to tax the income of a Commonwealth officer, and gave the High Court exclusive appellate jurisdiction on such constitutional questions. The constitutional foundation of the decision was overturned by the subsequent decision of the High Court in the 1920 ''Eng ...
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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 ...
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John Atkinson, Baron Atkinson
John Atkinson, Baron Atkinson, (13 December 1844 – 13 March 1932) was an Irish politician and judge. He was a Lord of Appeal in Ordinary from 1905 to 1928. Early life and career Atkinson was born at Drogheda, County Louth, the eldest son of Edward Atkinson, a physician, of Glenwilliam Castle, County Limerick and Skea House, Enniskillen, County Fermanagh, and his wife Rosetta. He was educated at the Belfast Academy and later at Queen's College Galway, which he attended from 1858 to 1865. He won Junior Scholarships in the Science Division of the Faculty of Arts, 1858–9, 1859–60 and 1860–1. He was awarded the B.A. degree in mathematics with first-class honours in 1861, and pursued a varied postgraduate career – from initial study of the sciences (with Senior Scholarships in Mathematics, 1861–2, and Natural Philosophy, 1862–3) he moved into Law, gaining a first-class Diploma in Elementary Law in 1864. A further Senior Scholarship, this time in Law, followed, and ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United States ...
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Department Of Trade And Customs (Australia)
The Department of Trade and Customs was an Australian government department that existed between 1901 and 1956. It was one of the inaugural government departments of Australia established at federation. History The department was one of the first seven Commonwealth Government departments to be established in the Federation year, 1901. The first head of the department was Harry Wollaston, appointed in 1901. In that first year, Wollaston and Charles Kingston worked closely together in drafting legislation and the first Commonwealth customs tariff. In 1956, the department was abolished and most of its functions were split between the Department of Customs and Excise and the Department of Trade. Scope Information about the department's functions and/or government funding allocation could be found in the Administrative Arrangements Orders, the annual Portfolio Budget Statements and in the department's annual reports. By 1906 the department was responsible for: *bounties; *copyrig ...
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Departmental Secretary
In Australia, a departmental secretary is the most senior Civil service, public servant of an Australian Government or States and territories of Australia, state government department. They are typically responsible for the day-to-day actions of a department. Role A departmental secretary is a non-political, non-elected public servant head (and "responsible officer") of government departments, who generally holds their position for a number of years. A departmental secretary works closely with the elected Minister (government), government minister that oversees the Commonwealth List of Australian Commonwealth Government entities, department or state government department in order to bring about policy and program initiatives that the government of day was elected to achieve. A departmental secretary works with other departments and agencies to ensure the delivery of services and programs within the nominated area of responsibility. The secretary is also known as the chief ...
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Harry Wollaston
Sir Harry Newton Phillips Wollaston (17 January 184611 February 1921) was a senior Australian public servant. He was the first Comptroller-General of the Department of Trade and Customs, from 1901 to his retirement in 1911. Life and career Wollaston was born on 17 January 1846 in Mokine, Western Australia. He was educated at St John's College, Auckland, Nelson College and the University of Melbourne The University of Melbourne is a public research university located in Melbourne, Australia. Founded in 1853, it is Australia's second oldest university and the oldest in Victoria. Its main campus is located in Parkville, an inner suburb nor .... In 1863 he joined the Victorian Department of Trade and Customs as a tide surveyor and landing waiter. In 1891, Wollaston was appointed Secretary of the Victorian Trade and Customs Department. He was Chairman of the Committee which reported on the Federal Constitution Bill before it was adopted by the colonies and Australia was f ...
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Thomas à Beckett
Sir Thomas à Beckett (31 August 1836 – 21 June 1919) was an Australian solicitor and judge. Personal Thomas à Beckett was born in London, England. He was the eldest son of Thomas Turner à Beckett and arrived in Australia with his father (brother of Sir William à Beckett) in January 1851, arriving in Melbourne on the ''Andromache''. À Beckett attended a private school in Melbourne but went back to England in 1856 and on 18 May 1857 became a student at Lincoln's Inn, being called to the bar on 17 November 1857. He returned to Victoria, and was admitted to the bar there on 16 August 1860, and practised before the Supreme Court of Victoria in Melbourne. In 1866 he was made a puisne judge of the Victorian Supreme Court and was frequently required to act as Victoria's Chief Justice. In 1875 à Beckett married Isabella, the daughter of Sir Archibald Michie, who survived him with two sons and three daughters. A younger brother, Edward à Beckett (1844-1932), was a portrait ...
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Hartley Williams
His Honour Sir Hartley Williams (15 October 1843 – 12 July 1929), was a Supreme Court of Victoria judge. Williams was born in Collingwood, Victoria, the second son of Sir Edward Williams and his wife Jessie, Lady Williams, ''née'' Gibbon. He was educated at Repton School and Trinity College, Oxford, where he graduated in 1866. He entered as a student at the Inner Temple in January 1863, and was called to the Bar in April 1867. In the same year he returned to Victoria and was admitted a barrister of the Supreme Court of that colony in April 1868. He very quickly took a leading position as a common law pleader, and twice unsuccessfully contested St. Kilda for a seat in the Victorian Legislative Assembly The Victorian Legislative Assembly is the lower house of the bicameral Parliament of Victoria in Australia; the upper house being the Victorian Legislative Council. Both houses sit at Parliament House in Spring Street, Melbourne. The presiding ... in 1874. Subsequent to ...
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Chief Justice Of Victoria
The Chief Justice of Victoria is the senior judge of the Supreme Court of Victoria and the highest ranking judicial officer in the Australian state of Victoria. The Chief Justice is both the judicial head of the Supreme Court as well as the administrative head. They are responsible for arranging the business of the court and establishing its rules and procedures. The current Chief Justice is Anne Ferguson, who was appointed by Governor Linda Dessau to succeed Marilyn Warren. Ferguson's term began on 2 October 2017. List of chief justices of Victoria See also * Judiciary of Australia The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matter ... * Supreme Court of Victoria References {{reflist Lists of judges of Australian superior courts ...
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John Madden (judge)
Sir John Madden, (16 May 1844 – 10 March 1918) was an Australian judge and politician who was the fourth and longest-serving Chief Justice of Victoria, in office from 1893 until his death. He was acting governor on a number of occasions. Background and early years Madden was born in the village of Cloyne, near Cork, Ireland, in 1844, the second of seven sons of a Cork solicitor also named John Madden. The family moved to London, UK in 1852, where his father had taken a job managing an insurance company, and there Madden attended a private school. He also spent some time at a college in Beauchamp, France. In January 1857, the family emigrated to Melbourne, Australia, where John Madden senior was admitted as a barrister to the Victorian Bar. The family lived in the suburb of Flemington. Madden was enrolled in St Patrick's College in East Melbourne. He later studied at the University of Melbourne, graduating with a Bachelor of Arts in 1864, a Bachelor of Laws in 1865. Legal an ...
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Supreme Court Of Victoria
The Supreme Court of Victoria is the highest court in the Australian state of Victoria. Founded in 1852, it is a superior court of common law and equity, with unlimited and inherent jurisdiction within the state. The Supreme Court comprises two divisions: the Trial Division, which oversees its original jurisdiction, and the Court of Appeal, which deals with its appellate jurisdiction, and is frequently referred to as a court in its own right. Although the Supreme Court is theoretically vested with unlimited jurisdiction, it generally only hears, at trial, criminal cases in instances of murder, manslaughter or treason, and civil cases where the statement of claim is in excess of the Magistrates' Court limit of $100,000. The court hears appeals from the County Court, as well as limited appeals from the Magistrates' Court. Decisions of the Supreme Court are appealable to the High Court of Australia. The building itself is on the Victorian Heritage Register. Jurisdiction Th ...
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Amalgamated Society Of Engineers V Adelaide Steamship Co Ltd
''Amalgamated Society of Engineers v Adelaide Steamship Co Ltd'', commonly known as the ''Engineers case'', . was a landmark decision by the High Court of Australia on 31 August 1920. The immediate issue concerned the Commonwealth's power under s51(xxxv) of the Constitution but the court did not confine itself to that question, using the opportunity to roam broadly over constitutional interpretation. Widely regarded as one of the most important cases ever decided by the High Court of Australia, it swept away the earlier doctrines of implied intergovernmental immunities and reserved state powers, thus paving the way for fundamental changes in the nature of federalism in Australia. Background Facts The ''Engineers case'' arose out of a claim lodged by the Amalgamated Society of Engineers against the Adelaide Steamship Company in the Commonwealth Court of Conciliation and Arbitration for an award relating to 844 employers across Australia. In Western Australia, the employers i ...
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