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Ex Parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ''ex parte'' means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of ''habeas corpus'' and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Latin
Latin (, or , ) is a classical language belonging to the Italic branch of the Indo-European languages. Latin was originally a dialect spoken in the lower Tiber area (then known as Latium) around present-day Rome, but through the power of the Roman Republic it became the dominant language in the Italian region and subsequently throughout the Roman Empire. Even after the fall of Western Rome, Latin remained the common language of international communication, science, scholarship and academia in Europe until well into the 18th century, when other regional vernaculars (including its own descendants, the Romance languages) supplanted it in common academic and political usage, and it eventually became a dead language in the modern linguistic definition. Latin is a highly inflected language, with three distinct genders (masculine, feminine, and neuter), six or seven noun cases (nominative, accusative, genitive, dative, ablative, and vocative), five declensions, four verb conjug ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Review
Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organized ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Court Of Conciliation And Arbitration
The Commonwealth Court of Conciliation and Arbitration was an Australian court that operated from 1904 to 1956 with jurisdiction to hear and arbitrate interstate industrial disputes, and to make awards. It also had the judicial functions of interpreting and enforcing awards and hearing other criminal and civil cases relating to industrial relations law. The Court was declared invalid by the High Court of Australia in the '' Boilermakers' case'',. and was replaced by two bodies: the Commonwealth Conciliation and Arbitration Commission and the Commonwealth Industrial Court. History The Court was created in 1904 by the ''Commonwealth Conciliation and Arbitration Act 1904'',. an Act of the Parliament of Australia. The Court was initially less important than the various State industrial conciliation commissions, which had jurisdiction over all disputes which occurred within their respective states. The Court's workload was so low that it made only six awards in the first five y ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Ashburner
Richard is a male given name. It originates, via Old French, from Frankish language, Old Frankish and is a Compound (linguistics), compound of the words descending from Proto-Germanic language, Proto-Germanic ''*rīk-'' 'ruler, leader, king' and ''*hardu-'' 'strong, brave, hardy', and it therefore means 'strong in rule'. Nicknames include "Richie", "Dick (nickname), Dick", "Dickon", "Dickie (name), Dickie", "Rich (given name), Rich", "Rick (given name), Rick", "Rico (name), Rico", "Ricky (given name), Ricky", and more. Richard is a common English, German and French male name. It's also used in many more languages, particularly Germanic, such as Norwegian, Danish, Swedish, Icelandic, and Dutch, as well as other languages including Irish, Scottish, Welsh and Finnish. Richard is cognate with variants of the name in other European languages, such as the Swedish "Rickard", the Catalan "Ricard" and the Italian "Riccardo", among others (see comprehensive variant list below). People ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Arthur Dunphy
Hon. Edward Arthur Dunphy (18 June 1907—29 January 1989) was a justice within the Australian federal court system. Dunphy was born 18 June 1907 in Perth, Western Australia, the son of William Henry Dunphy, and was educated at the Christian Brothers' College, Perth. He married Ethel Marshall Nunn on 19 December 1935, and they were the parents of two sons and three daughters. He was admitted to the Bar in 1932, was Western Australia's Crown Solicitor in May 1938 until September 1945 and appointed as a King's Counsel in 1944, and it was believed that he was then the youngest KC in Australia. In 1949, he was appointed to the Industrial Court and sat on the 1950 Basic Wage case, which made the decision to award a £1 a week pay rise which broke the barrier of £10 a week. and proceeded to sit on a succession of other courts within the federal and territorial jurisdictions until 1983. Dunphy was the sole remaining judge of the Industrial Court which was disbanded and duties taken o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Kirby (arbitrator)
Sir Richard Clarence Kirby AC (22 September 190425 October 2001) was a long serving president of the Australian Commonwealth Conciliation and Arbitration Commission (1956-1973) (having first been appointed to the Commission in 1947). In 1973, because of ill health, he retired from this post. He was also a member of the Australian War Crimes Commission. His biography was written by Blanche d'Alpuget in 1977. Honours Richard Kirby was knighted in the New Year's Honours of 1961. He was appointed a Companion of the Order of Australia The Order of Australia is an honour that recognises Australian citizens and other persons for outstanding achievement and service. It was established on 14 February 1975 by Elizabeth II, Queen of Australia, on the advice of the Australian Gov ... (AC) in the Australian Day Honours of 1985. The bi-annual Sir Richard Kirby Lecture is now held in his honour. It was often assumed he was the father of former High Court judge Michael Kirby ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Kirby; Ex Parte Boilermakers' Society Of Australia
''R v Kirby; Ex parte Boilermakers' Society of Australia'',. known as the ''Boilermakers' Case'', was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association. The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law. Background Separation of Powers The High Court had consistently held that the judicial power of the Commonwealth could not be exercised by any body except a court established under Chapter III of the Constitution or a state court invested with federal jurisdiction. This was because the separation of judic ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An alternative writ directs the recipient to immediately act, or desist, and "show cause" why the directive should not be made permanent. A peremptory writ directs the recipient to immediately act, or desist, and "return" the writ, with certification of its compliance, within a certain time. When an agency of an official body is the target of the writ of prohibition, the writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist. Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., higher ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Gageler
Stephen John Gageler (; born 5 July 1958) is a Justice of the High Court of Australia. He was previously a barrister based in Sydney and the Solicitor-General of Australia, the Commonwealth's second-ranking law officer. Early life and education Gageler was born and raised in Sandy Hollow, New South Wales, where his father, John, and grandfather, Clive, were sawmillers operating his grandfather's company. Gageler was influenced to become a lawyer by meeting Bryan Beaumont, at the time the owner of a property near Gageler's boyhood home, who later became a judge of the Federal Court of Australia. Gageler's primary school education was at a one-teacher school, Giant's Creek Primary School, about 3 km from Sandy Hollow. His secondary education was at Muswellbrook High School. He graduated from the Australian National University with a Bachelor of Economics in 1980 and a Bachelor of Laws with First Class Honours in 1982. He resided at Bruce Hall, the university's oldest resi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Patent Prosecution
Patent prosecution describes the interaction between applicants and their representatives, and a patent office with regard to a patent, or an application for a patent. Broadly, patent prosecution can be split into pre-grant prosecution, which involves arguing before, and sometimes negotiation with, a patent office for the grant of a patent, and post-grant prosecution, which involves issues such as post-grant amendment and opposition. Patent prosecution is distinct from patent litigation, which describes legal action relating to the infringement of patents. The rules and laws governing patent prosecution are often laid out in manuals released by the Patent Offices of various governments, such as the Manual of Patent Examining Procedure (MPEP) in the United States, or the Manual of Patent Office Practice (MOPOP) in Canada. Pre-grant prosecution Preparation of an application To obtain patent rights for an inventor, the practitioner typically first drafts an application by in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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