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Farey V Burvett
''Farey v Burvett'', is an early High Court of Australia case concerning the extent of the defence power of the Commonwealth. The majority of the Court took an expansive view of the defence power in a time of war, holding that the defence power extended to fixing the maximum price for bread. The Court adopted a different approach to the interpretation of the defence power which emphasised the purpose of the legislation, the defence of Australia, rather than the subject matter. As the law fell within a Commonwealth power, whether the law was necessary or appropriate for the defence of Australia was a matter for Parliament. Background The constitutional powers The Constitution deals with defence in a number of related provisions, relevantly providing that : 51 The Parliament shall, subject to this Constitution, have power to make laws for the peace, order, and good government of the Commonwealth with respect to: :(vi) the naval and military defence of the Commonwealth and of th ... [...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] |
Hayden Starke
Sir Hayden Erskine Starke KCMG (22 February 1871 – 14 May 1958) was an Australian judge who served on the High Court of Australia from 1920 to 1950. He was a prominent Melbourne barrister before his appointment to the court. Early life Starke was born in 1871 in the Victorian gold rush town of Creswick, Victoria, where his father was the Chief Medical Officer of the Creswick Hospital. Dr Anthony George Hayden Starke had emigrated from Honiton in Devon in 1863 to take up the position at the new hospital in this bustling town that then rivalled Ballarat. Hayden Starke was educated at the Scotch College in Melbourne. Barrister Starke completed a course as an articled clerk in 1892, and was admitted to the Victorian Bar later that year, having won the annual Prize in Law from the Supreme Court of Victoria. He practised as a barrister until he was appointed to the bench of the High Court in 1920. Between 1903 (when the High Court was created) and 1920, he appeared before ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Defence Power In The Australian Constitution Cases
Defense or defence may refer to: Tactical, martial, and political acts or groups * Defense (military), forces primarily intended for warfare * Civil defense, the organizing of civilians to deal with emergencies or enemy attacks * Defense industry, industry which manufactures and sells weapons and military technology * Self-defense, the use of force to defend oneself * Haganah (Hebrew for "The Defence"), a paramilitary organization in British Palestine * National security, security of a nation state, its citizens, economy, and institutions, as a duty of government ** Defence diplomacy, pursuit of foreign policy objectives through the peaceful employment of defence resources ** Ministry of defence or department of defense, a part of government which regulates the armed forces ** Defence minister, a cabinet position in charge of a ministry of defense * International security, measures taken by states and international organizations to ensure mutual survival and safety Sports * Defe ... [...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 1974β1990 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] |
List Of High Court Of Australia Cases
This article contains a list of notable cases decided by the High Court of Australia. Citation numbers for the decisions are as tracked bLawCite a citation tracker managed by the Free Access to Law Movement. Note: LawCite citation statistics track the written judgements of courts, journal articles, and tribunals. (both in Australia and overseas). List is . * References {{reflist See also * List of Privy Council cases *List of Court of Disputed Returns cases *List of Federal Court of Australia cases *List of Australian Supreme Court cases Lists of case law cover instances of case law, legal decisions in which the law was analyzed to resolve ambiguities for deciding current cases. They are organized alphabetically, by topic or by country. Alphabetical lists These lists are pan-j ... High Court * High Court of Australia Australian case law ... [...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] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. A judge of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking worldGraham Perkin βIts Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) and is widely regarded as Australia's greatest-ever jurist. Education Dixon was born in Hawthorn in suburban Melbourne in 1886. His father, JW Dixon, was a barrister and subsequently a solicitor. He attended Hawthorn College and later the University of Melbourne, graduating with an Arts degree in 1907. During this time, he developed his lifelong love of the classics from his classical philology professor, Thomas George Tucker. He was also influenced by professor of law, William Harrison Moore. His B.A. became an M.A., as was the custom then, a year later upon the payment of a small fee. He then studied law at Melbourne Law Sc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stenhouse V Coleman
Stenhouse may refer to: Places Australia * Stenhouse Bay, South Australia, a township in South Australia Hong Kong * Mount Stenhouse on Lamma Island, Hong Kong Scotland * Stenhouse, Edinburgh, a community in the City of Edinburgh South Georgia and the South Sandwich Islands * Stenhouse Peak, a peak on South Georgia island People *Alex Stenhouse (1910β1992), New Zealand footballer * Andrew G. Stenhouse (1869β1950) Scottish businessman, geologist, and astronomer * Anthony Maitland Stenhouse (1849β1927), Scottish-born Canadian politician * Bart Stenhouse (born 1981), Australian jazz fusion musician and teacher * Bobby Stenhouse (1924β1990), British lawn and indoor bowls competitor *Dave Stenhouse (born 1933), American baseball player; father of Mike Stenhouse * David Stenhouse (born 1932), British evolutionary biologist and ethologist * Fanny Stenhouse (1829β1904), Jersey-born American pioneer and Mormon, later LDS opponent and writer; wife of T. B. H. Stenhouse ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Huddart, Parker & Co Pty Ltd V Moorehead
''Huddart, Parker & Co Pty Ltd v Moorehead''. is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the ''Australian Industries Preservation Act 1906'' were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power. The court, however, divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporations power was to be construed narrowly because the trade and commerce power did not include intrastate trade and commerce. While the reserved powers doctrine was unambiguously r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Barger
''R v Barger''. is a 1908 High Court of Australia case where the majority held that the Section 51(ii) of the Australian Constitution, taxation power The prosecutions Despite the declaration in the Harvester case, McKay did not increase the wages paid to his employees to the minimum that Higgins J had declared to be fair and reasonable, nor did he pay the excise specified in the ''Excise Act'' 1906. Both McKay and another manufacturer of agricultural machinery in Melbourne, William Barger, were prosecuted by the Commonwealth for failing to pay the excise. The defences of Barger and McKay included an objection that the ''Excise Act'' 1906 was invalid. That objection was referred to the Full Court of the High Court for hearing. The argument for Barger and McKay was that although the Act on its face purports to be an exercise of the taxation power, the real substance and effect of the Act was with respect to the conditions and remuneration of labour. The State of Victoria obtained ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peterswald V Bartley
''Peterswald v Bartley'' . is an early High Court of Australia case that dealt with section 90 of the Australian Constitution, which prohibits States from levying excise. Background Bartley was a brewer of beer at Cootamundra in the state of New South Wales. He had a licence under the Commonwealth ''Beer Excise Act'' 1901 however he didn't have a licence under the NSW ''Liquor Act 1898''. Sergeant Peterswald was a police officer and District Licensing Inspector and he charged Bartley with carrying on the trade or business of a brewer without holding a licence under the NSW Act and the issue concerned the payment of a licence fee. The Police Magistrate upheld Bartley's contention that the licence fee was an excise duty and that the effect of section 90 of the Australian Constitution was that the state Act ceased to have effect once the Commonwealth imposed uniform customs duties. Peterswald appealed to the Supreme Court of NSW, where the Sergeant was represented by the then ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
