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Chanter V Blackwood
''Chanter v Blackwood'' and the related case of ''Maloney v McEacharn'' were a series of decisions of the High Court of Australia, sitting as the Court of Disputed Returns arising from the 1903 federal election for the seats of Riverina and Melbourne in the House of Representatives. ''Chanter v Blackwood (No 1)'',. and ''Maloney v McEacharn (No 1)'',. determined questions of law as to the validity of certain votes. In ''Chanter v Blackwood (No 2)'' Griffith CJ held that 91 votes were invalid and because this exceeded the majority, the election was void, while ''Chanter v Blackwood (No 3)'' dealt with questions of costs. In ''Maloney v McEacharn (No 2)'' more than 300 votes were found to be invalid and the parties agreed it was appropriate for the election to be declared void.''Maloney v McEacharn No 2'(1904) 10 Argus LR (CN) 17 Background Section 47 of the Constitution provides that disputed elections were to be determined by the relevant House of Parliament, "until the ... [...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] |
Robert Blackwood (Australian Politician)
Robert Officer Blackwood (24 June 1861 – 22 September 1940) was an Australian politician, businessman and pastoralist. He was briefly a member of the Australian House of Representatives for the Division of Riverina. Blackwood was born in 1861 at Crowlands in Victoria, the son of Richard Blackwood (d. 1881) and Isabella, née Officer. He attended Melbourne Church of England Grammar School (1878–79), where he gained a reputation as an athlete. He was admitted to Trinity Hall, Cambridge in 1882, where he began boxing – he later became the runner-up in the amateur light-weight boxing championship in England. He returned to Australia in 1889, taking over his father's property in partnership with his brothers. An active community member around Deniliquin, Blackwood was a member of the Pastoralists' Association of Victoria and Southern Riverina. A supporter of Sir George Reid, he was elected to the House of Representatives for Riverina in New South Wales in 1903 by ... [...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] |
High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * " ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Law Review
The ''Sydney Law Review'' is a peer-reviewed law journal established in 1953. References External links * SydLRev Online Australasian Legal Information Institute The Australasian Legal Information Institute (AustLII) is an institution operated jointly by the Faculties of Law of the University of Technology Sydney and the University of New South Wales. Its public policy purpose is to improve access to just ... Australian law journals Quarterly journals English-language journals Publications established in 1953 {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Electoral Commission V Johnston
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen, see Austrian nationality law * Austrian German dialect * Someth ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1904 Riverina By-election
A by-election was held for the Australian House of Representatives seat of Riverina on 18 May 1904. This was triggered after the result at the 1903 election, which had seen Free Trade candidate Robert Blackwood narrowly defeat Protectionist MP John Chanter John Moore Chanter (11 February 1845 – 9 March 1931) was an Australian politician, farmer and commission agent. He was a member of the Protectionist Party, as well as the Australian Labor Party and the Nationalist Party of Australia. Ear ..., was declared void due to allegations of electoral irregularities. and . At the by-election Chanter defeated Blackwood. Results References {{Aus by-elections 2nd parl 1904 elections in Australia New South Wales federal by-elections 1900s in New South Wales ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1904 Melbourne By-election
A by-election was held for the Australian House of Representatives seat of Melbourne in Victoria on 30 March 1904. This was triggered by the Chief Justice of the High Court (sitting as a Court of Disputed Elections) declaring invalid the election of Sir Malcolm McEacharn to the seat in the 1903 federal election. and ''Maloney v McEacharn No 2'(1904) 10 Argus LR (CN) 17/ref> The writ for the by-election was issued by the Speaker of the Australian House of Representatives on 15 March 1904. Background The 1903 federal election took place on 16 December. Sir Malcolm McEacharn had held the seat for the Protectionist Party since the 1901 election, and was re-elected with a slim 77 vote majority. McEacharn's opponent in 1901 and 1903 was Dr William Maloney, a medical doctor, social worker and reform agitator who had run for the Labour Party. Following the declaration of McEacharn's election, Maloney petitioned the Court of Disputed Elections, alleging that the applications for 3 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 44 Of The Constitution Of Australia
Section 44 of the Australian Constitution lists the grounds for disqualification on who may become a candidate for election to the Parliament of Australia. It has generally arisen for consideration by the High Court sitting in its capacity as the Court of Disputed Returns. It has been reviewed several times, but has not been amended. Following several disqualifications under sub-section 44(i), a new review of the whole section was instituted on 28 November 2017. The Constitution Section 44 of the Constitution states: The Australian Electoral Commission reproduces the section in its Candidates Handbook, where it draws particular attention to s 44(i) and (iv). As to the nomination form, it advises that to give "false or misleading information", or to "omit any information if omitting that information would be misleading", is a criminal offence and that the "maximum penalty for this offence is imprisonment for 12 months". It does not spell out that such a conviction could result ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter Dicta
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: ''ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be ''ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, ''obite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Deakin Government (1903-1904)
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Deakin may refer to: Places * Deakin University, Victoria, Australia * Deakin, Australian Capital Territory, suburb of Canberra, Australia * Deakin, Western Australia, siding on the Trans-Australian Railway * Division of Deakin, Australian Electoral Division in Victoria, Australia People * Deakin (surname), including a list of people with the surname * Deakin (musician) (born 1978), American musician, member of Animal Collective Other * Evans Deakin & Company, Australian shipbuilders * Alfred Deakin High School in the suburb Deakin, Canberra, Australia. See also * Deakins * Deacon * Deacon (other) Deacon is a ministry in Christian churches that is generally associated with service of some kind, but which varies among theological and denominational traditions. Deacon, the Deacon or Deacons may also refer to: People Name * Deacon (name), a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Maloney (politician)
William Robert Nuttall Maloney (12 April 1854 – 29 August 1940) was an Australian doctor and politician. He was a member of parliament for over 50 years, beginning his career in the Victorian Legislative Assembly as the member for the seat of West Melbourne (1889–1903). He was elected to the federal House of Representatives at the 1904 Melbourne by-election, representing the Australian Labor Party (ALP). He held the seat until his death in 1940 at the age of 86, the sixth-longest period of service in federal parliament and the longest period of service as a backbencher. Early life Born into a wealthy family in West Melbourne, Maloney was educated in the Melbourne private school system, the University of Melbourne and St Mary's Hospital, London, graduating as a Medical Doctor. Returning to Melbourne in 1888, Maloney divided his time between his obstetrics practice and agitating for social reform. It was during this period that he acquired the nickname that he would retain ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
