Brown V Tasmania
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Brown V Tasmania
''Brown v Tasmania'',. was a significant Australian court case, decided in the High Court of Australia on 18 October 2017. The case was an important decision about the implied freedom of political communication in the Australian Constitution in which the majority held that provisions of the Tasmanian ''Protesters Act''. were invalid as a burden on the implied freedom of political communication in a way that was not reasonably appropriate and adapted, or proportionate, to the legitimate purpose of protecting businesses and their operations. Background In 2014 there was a change of government in Tasmania, under Liberal Premier Will Hodgman. Their pre-election legislative agenda included "rebuilding the forest industry" by "cracking down on illegal and dangerous protests in our forests". The purpose of the Protestors Act was to implement that policy and was intended to send a message to protest groups that intentionally disruptive protest action that prevents or hinders lawful bus ...
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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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Will Hodgman
William Edward Felix Hodgman (born 20 April 1969) is an Australian diplomat and former politician who has been the High Commissioner of Australia to Singapore since February 2021. He was the 45th Premier of Tasmania and a member for the Division of Franklin in the Tasmanian House of Assembly from the 2002 state election until his resignation in January 2020. He became premier following the 2014 state election, having been Leader of the Opposition since 2006. He was re-elected to a second term in government following victory in the 2018 state election. In March 2018, he succeeded Angus Bethune as the longest-serving leader in the history of the Tasmanian Liberals. He resigned as the Premier of Tasmania, the Leader of the Tasmanian Liberals and Member of the Parliament of Tasmania on 20 January 2020. In April 2020, Hodgman was appointed as the chair of Australian Business Growth Fund by federal Treasurer Josh Frydenberg. Hodgman is from Hobart and was educated at the Universit ...
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McCulloch V Maryland
''McCulloch v. Maryland'', 17 U.S. (4 Wheat.) 316 (1819), was a landmark U.S. Supreme Court decision that defined the scope of the U.S. Congress's legislative power and how it relates to the powers of American state legislatures. The dispute in ''McCulloch'' involved the legality of the national bank and a tax that the state of Maryland imposed on it. In its ruling, the Supreme Court established firstly that the "Necessary and Proper" Clause of the U.S. Constitution gives the U.S. federal government certain implied powers necessary and proper for the exercise of the powers enumerated explicitly in the Constitution, and secondly that the American federal government is supreme over the states, and so states' ability to interfere with the federal government is restricted. Since the legislature has the authority to tax and spend, the court held that it therefore has authority to establish a national bank, as being "necessary and proper" to that end. The state of Maryland had a ...
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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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Murray Gleeson
Anthony Murray Gleeson (born 30 August 1938) is an Australian former judge who served as the 11th Chief Justice of Australia, in office from 1998 to 2008. Gleeson was born in Wingham, New South Wales, and studied law at the University of Sydney. He was admitted to the New South Wales Bar in 1963 and appointed Queen's Counsel in 1974, becoming one of the state's leading barristers. Gleeson was appointed Chief Justice of New South Wales in 1988, serving until his elevation to the High Court in 1998. He and Samuel Griffith (appointed 1903) are the only people to have been elevated directly from the chief justiceship of a state to the chief justiceship of the High Court. As required by the constitution, he retired from the court when he reached his 70th birthday. In October 2020, Prime Minister Scott Morrison announced that Gleeson's daughter, Jacqueline Gleeson, will be elevated to the High Court following the retirement of Justice Virginia Bell. Early life Gleeson was born in ...
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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 ...
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Lange V Australian Broadcasting Corporation
''Lange v Australian Broadcasting Corporation''. is a High Court of Australia case that upheld the existence of an implied freedom of political communication in the Constitution of Australia, Australian Constitution, but found that it did not necessarily provide a defence to a defamation action. The High Court extended the defence of qualified privilege to be compatible with the freedom of political communication. Background The plaintiff, David Lange, who was the Prime Minister of New Zealand, was the subject of a report on the Australian Broadcasting Corporation current affairs program ''Four Corners (Australian TV program), Four Corners''. He brought defamation proceedings in respect of that broadcast. In April 1990, the defendant broadcast on its ''Four Corners'' program a report which had been broadcast the previous night in New Zealand on Television New Zealand's ''Frontline'' program. The program alleged that the New Zealand Labour Party, then in government, had come to ...
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Intervention (law)
In law, intervention is a procedure to allow a nonparty, called intervenor (also spelled intervener) to join ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants. The basic rationale for intervention is that a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard. Canada Intervenors are most common in appellate proceedings but can also appear at other types of legal proceeding such as a trial. In general, it is within the discretion of the court to allow or refuse an application to intervene. There are exceptions to that, however. For example, under subrule 61(4) of the Rules of the Supreme Court of Canada, if the court has stated a constitutional question, the attorney general of any province or territory or of the federal government, may intervene "as of right," without the need to be granted leave to intervene. Courts will tend to allow ...
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Lapoinya
Lapoinya (pronounced La-poin-ya) is a small agricultural centre on the north-west coast of Tasmania west of Wynyard. The name is Tasmanian Aboriginal word for "fern tree", a plant that abounds in those surviving untouched parts of the original temperate rainforest. At the 2006 census, Lapoinya had a population of 368. History First developed commercially around 1900 it has been a centre for forestry, mixed agriculture (especially potato-growing and grazing (mostly dairy cattle). In November 2014 it was announced the town was fighting Forestry Tasmania to attempt to stop the company logging the towns surrounding forest. Following this, in January 2016 Bob Brown Robert James Brown (born 27 December 1944) is a former Australian politician, medical doctor and environmentalist. He was a senator and the parliamentary leader of the Australian Greens. Brown was elected to the Australian Senate on the Tasman ... and three others were arrested during a protest of logging on a 49-he ...
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Franklin Dam
The Franklin Dam or Gordon-below-Franklin Dam project was a proposed dam on the Gordon River in Tasmania, Australia, that was never constructed. The movement that eventually led to the project's cancellation became one of the most significant environmental campaigns in Australian history. The dam was proposed for the purpose of generating hydroelectricity. The resulting new electricity generation capacity would have been . The proposed construction would have subsequently impacted upon the environmentally sensitive Franklin River, which joins with the Gordon river nearby. During the campaign against the dam, both areas were listed on the UNESCO World Heritage Area register. The campaign that followed led to the consolidation of the small green movement that had been born out of a campaign against the building of three dams on Lake Pedder in the late 1960s and early 1970s. Over the five years between the announcement of the dam proposal in 1978 and the axing of the plans in 1983 ...
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Lake Pedder
Lake Pedder, once a glacial outwash lake, is a man-made impoundment and diversion lake located in the southwest of Tasmania, Australia. In addition to its natural catchment from the Frankland Range, the lake is formed by the 1972 damming of the Serpentine and Huon rivers by the Hydro Electric Commission of Tasmania for the purposes of hydroelectric power generation. As a result, the flooded Lake Pedder now has a surface area of approximately , making it Tasmania's second largest lake. The original and modified lake In early 20th century the original lake was named after Sir John Pedder, the first Chief Justice of Tasmania. The name of the original lake was officially transferred to the new man-made impoundment. Although the new Lake Pedder incorporates the original lake, it does not resemble it in size, appearance or ecology. The new lake consists of an impoundment contained by three dams: * Serpentine Dam – a high rockfill dam with a concrete upstream face on the Serpe ...
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