Browne–Fitzpatrick Privilege Case, 1955
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Browne–Fitzpatrick Privilege Case, 1955
''R v Richards; Ex parte Fitzpatrick and Browne'' (1955) 92 Commonwealth Law Reports, CLR 157, was a legal case concerning the right of privilege of the Parliament of Australia, Australian Parliament. Background On 3 May 1955, Charles Morgan (Australian politician), Charles Morgan, Australian Labor Party, Labor member of the Australian House of Representatives, House of Representatives for the Division of Reid in New South Wales, informed Parliament that an article appearing in the ''Bankstown Observer'' for 28 April 1955 had impugned his personal honour and challenged his fitness to be a Member of Parliament. In an article headed "MHR and Immigration Racket", it was alleged that Morgan, a lawyer before entering Parliament, had engaged in corrupt schemes involving refugee migration from Europe to Australia before World War II. The ''Bankstown Observer'', a free weekly newspaper distributed throughout areas of suburban Sydney that included the Reid electorate, was owned by Raymon ...
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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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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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Legal History Of Australia
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. Legal systems vary between jurisdiction ...
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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, ...
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Political History Of Australia
The politics of Australia take place within the framework of a federal parliamentary constitutional monarchy. Australia has maintained a stable liberal democratic political system under its Constitution, one of the world's oldest, since Federation in 1901. Australia is the world's sixth oldest continuous democracy and largely operates as a two-party system in which voting is compulsory. Australia is also a federation, where power is divided between the federal government and the states and territories. The federal government is separated into three branches: File:Au_gov_chart.svg, center, 640px, Structure of the Government of Australia, alt=A high level diagram of the structure of the Government of Australia, the three branches, legislative, executive, and judicial. rect 575 6 1175 56 Constitution of Australia rect 575 191 1175 241 Governor General of Australia rect 125 341 425 391 Legislative Branch rect 725 341 1025 391 Executive Branch rect 1325 341 1625 391 Judic ...
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1955 In Australian Law
Events January * January 3 – José Ramón Guizado becomes president of Panama. * January 17 – , the first nuclear-powered submarine, puts to sea for the first time, from Groton, Connecticut. * January 18– 20 – Battle of Yijiangshan Islands: The Chinese Communist People's Liberation Army seizes the islands from the Republic of China (Taiwan). * January 22 – In the United States, The Pentagon announces a plan to develop intercontinental ballistic missiles (ICBMs), armed with nuclear weapons. * January 23 – The Sutton Coldfield rail crash kills 17, near Birmingham, England. * January 25 – The Presidium of the Supreme Soviet of the Soviet Union announces the end of the war between the USSR and Germany, which began during World War II in 1941. * January 28 – The United States Congress authorizes President Dwight D. Eisenhower to use force to protect Formosa from the People's Republic of China. February * February 10 – The United States Seventh Fleet helps t ...
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Imprisonment Of John Drayton
The imprisonment of John Drayton in 1904 was the first and, until the Browne–Fitzpatrick privilege case, 1955, the only time that an Parliaments of the Australian states and territories, Australian parliament punished somebody under parliamentary privilege provisions. Incident The incident arose over the forfeiture and subsequent reinstatement of a gold mining lease. The lease, known as "The Empress of Coolgardie, Western Australia, Coolgardie", was owned by the Phoenix Company, which went into liquidation in 1902. The following year a prospector named Daniel Browne applied for forfeiture of the lease on the grounds that it had not been worked properly by the owner. The Phoenix Company responded with the assertion that it was protected from the labour conditions of the lease under the Companies Act, because it was in liquidation. This argument was initially rejected, and the lease forfeited. Eventually, however, the matter came to the attention of the Attorney-General of We ...
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National Archives Of Australia
The National Archives of Australia (NAA), formerly known as the Commonwealth Archives Office and Australian Archives, is an Australian Government agency that serves as the national archives of the nation. It collects, preserves and encourages access to important Commonwealth government records. Established under and governed by the ''Archives Act 1983'', its main roles are "to collect and preserve Australia's most valuable government records and encourage their use by the public, and to promote good information management by Commonwealth government agencies, especially in meeting the challenges of the digital age". The NAA also develops exhibitions, publishes books and guides to the collection, and delivers educational programs. History After World War I the Commonwealth National Library (later National Library of Australia) was responsible for collecting Australian Government records. The library appointed its first archives officer in 1944. In March 1961 the Commonwealth A ...
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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 ...
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Gavin Souter
Gavin Geoffrey Souter AO (born 2 May 1929) is an Australian journalist and historian. He was born in Sydney, the son of a bank manager, Archibald Souter and Roma Souter, wasPhilip O'Brien, "Spinning words of gold", ''The Canberra Times'', 26 February 2000, Panorama, p. 12 educated at Kempsey High School, and Scots College in Warwick, Queensland and graduated BA from the University of Sydney. He joined ''The Sydney Morning Herald'' as a cadet journalist in 1947 and worked there for the next 40 years, serving as a correspondent in New York City and London and eventually as Assistant Editor of ''The Herald''. In 1960 Souter received the Walkley National Award for Australian Journalism. His books have included ''New Guinea: The Last Unknown'' (1963), a history of the exploration of all the territories of New Guinea, written after he had accompanied an initial penetration patrol making first contact with the Gants people of the Jimi Valley; ''A Peculiar People'' (1968), an acco ...
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Goulburn Correctional Centre
The Goulburn Correctional Centre, (also known as The Circle) is an Australian supermaximum security prison for males. It is located in Goulburn, New South Wales, three kilometres north-east of the central business district. The facility is operated by Corrective Services NSW, an agency of the Department of Justice, of the Government of New South Wales. The Complex accepts prisoners charged and convicted under New South Wales and/or Commonwealth legislation and serves as a reception prison for Southern New South Wales, and, in some cases, for inmates from the Australian Capital Territory. The High Risk Management Centre (commonly called the SuperMax) was opened in September 2001. This was the first such facility in Australia and makes the centre the highest security prison in Australia. Supermax was completely renovated over 9 months and completed in April 2020. The current structure incorporates a massive, heritage-listed hand-carved sandstone gate and façade that was opened in ...
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Canberra
Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory at the northern tip of the Australian Alps, the country's highest mountain range. As of June 2021, Canberra's estimated population was 453,558. The area chosen for the capital had been inhabited by Indigenous Australians for up to 21,000 years, with the principal group being the Ngunnawal people. European settlement commenced in the first half of the 19th century, as evidenced by surviving landmarks such as St John's Anglican Church and Blundells Cottage. On 1 January 1901, federation of the colonies of Australia was achieved. Following a long dispute over whether Sydney or Melbourne should be the national capital, a compromise was reached: the new capital would be buil ...
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