|
Henderson V Defence Housing Authority (1997)
''Henderson v Defence Housing Authority'', also known as the ''Residential Tenancies case'', is a landmark Australian High Court decision on intergovernmental immunity and states' rights under the Australian Constitution. Facts of the case Dr Henderson was the owner of a house which was leased by the Defence Housing Authority which used the property to provide accommodation for defence personnel. Dr Henderson the owner sought orders from the NSW Residential Tenancies Tribunal requiring the DHA to allow him to enter the premises for the purpose of inspection and give the owner a key to the premises. In response the DHA maintained that it was not bound by the ''Residential Tenancies Act 1987'' as it was immune from state laws about tenant disputes due to the Commonwealth government enjoying Crown immunity from State laws. The matter was heard before the High Court of Australia. Decision reached It was established that the DHA was created under s. 61 of the Constitution (con ... [...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] |
Leased
A lease is a contractual arrangement calling for the user (referred to as the ''lessee'') to pay the owner (referred to as the ''lessor'') for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use. The term rental agreement can refer to two kinds of leases: * A lease in which the asset is tangible property. Here, the user '' rents'' the asset (e.g. land or goods) ''let out'' or ''rented out'' by the owner (the verb ''to lease'' is less precise because it can r ... [...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] |
Intergovernmental Immunity In The Australian Constitution Cases
{{disambig ...
Intergovernmental can refer to: *Intergovernmentalism *Intergovernmental immunity (other) *Intergovernmental Risk Pool *Intergovernmental organization Globalization is social change associated with increased connectivity among societies and their elements and the explosive evolution of transportation and telecommunication Telecommunication is the transmission of information by various typ ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Government Solicitor
The Australian Government Solicitor (AGS) is an Australian public servant and a federal government agency of the same name which provides legal advice to the federal government and its agencies. AGS was originally the Crown Solicitor's Office, which was established on 1 July 1903 on the appointment of Charles Powers as the first Commonwealth Crown Solicitor. With a major restructure of the Attorney-General's Department from 1983 to 1984, the Crown Solicitor's Office became the Office of the Australian Government Solicitor, with Crown Solicitor Tom Sherman appointed the first Australian Government Solicitor. Some functions of the Crown Solicitor's Office were transferred to other parts of the Attorney-General's Department. In 1999, the Australian Government Solicitor ceased being an office held by an individual, and instead became a government business enterprise, headed by a CEO, separate from the Attorney-General's Department. On 1 July 2015, AGS was consolidated within the Att ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Pirrie V McFarlane
''Pirrie v McFarlane'' is a landmark decision of the High Court of Australia on Intergovernmental immunity between tiers of government in the Australian Constitution. Facts The defendant Thomas McFarlane was prosecuted under sec. 6 of the ''Motor Car Act 1915'' (Victoria) as he drove a motor-car upon a public highway without being licensed. McFarlane’s defence was that as a duly enlisted member of the Royal Australian Air Force and that on the occasion in question he was on duty driving a car belonging to the Air Force, under orders from his superior officer, was thus on Air Force business. The Police Magistrate dismissed the case, ruling that ''D'Emden v Pedder'' applied. The Supreme Court of Victoria declined to hear the case, as it involved a question as to the limits ''inter se'' of the constitutional powers of the State and the Commonwealth, leaving it to be considered by the High Court under s. 40A of the ''Judiciary Act 1903'', which at that time stated: Iss ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judiciary Act 1903
The ''Judiciary Act 1903'' (Cth) is an Act of the Parliament of Australia that regulates the structure of the Australian judicial system and confers jurisdiction on Australian federal courts. It is one of the oldest pieces of Australian federal legislation and has been amended over 70 times. Amongst other things, the Act regulates the exercise of the jurisdiction of the High Court of Australia, confers jurisdiction on the Federal Court of Australia, provides for the right of barristers and solicitors to practice in federal courts, and establishes the Australian Government Solicitor. The Act Section 78B of the Act requires Australian courts to ensure that the parties have given notice to the attorneys-general of Australia and of each state before proceeding with any case involving a "matter arising under the Constitution." Each of these governments may then intervene in the case under section 78A of the Act. See also * Australia Act 1986 The Australia Act 1986 is t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Peace, Order And Good Government
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa. It is often contrasted with "life, liberty and the pursuit of happiness", a spiritually analogous phrase found in the US Declaration of Independence. Background Legal documents often contain a residual clause which expresses which entity will have authority over jurisdictions that have not otherwise been delineated or are in dispute. While specific authorities are often enumerated in legal documents as well, the designation of a residual power helps provide direction to future decision-makers and in emerging issue areas. At its origin, the preferred phrase was "peace, ''welfare'' and good government," but ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justice Of The High Court Of Australia
The High Court of Australia is composed of seven Justices: the Chief Justice of Australia and six other Justices. There have been 56 Justices who have served as Justices of the High Court since its formation under the ''Judiciary Act 1903''. Under Section 71 of the Australian Constitution, the judicial power of the Commonwealth of Australia is vested in the court, and it has been the highest court in the Australian court hierarchy since the passing of the '' Australia Act 1986''. In a May 2017 speech, Justice Virginia Bell observed that "few Australians outside the law schools are likely to be able to name the Chief Justice, let alone the puisne Justices of the High Court". History Initially, there were three Justices of the High Court – Chief Justice Sir Samuel Griffith, Justice Sir Edmund Barton and Justice Richard Edward O'Connor. The number was expanded in 1906, at the request of the Justices, to five, with the appointment of Justices Sir Isaac Isaacs and H. B. Higgins. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Royal Prerogative
The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Evolution In most constitutional monarchies, prerogatives can be abolished by Parliament as the courts apply the constitutional near-absolute of the supremacy of Parliament. In the Commonwealth realms this draws on the constitutional statutes at the time of the Glorious Revolution when William III and Mary II were invited to take the throne. In the United Kingdom the remaining powers of the royal prerogative are devolved to the head of the government which for more than two centuries has been the Prime Minister; the benefits, equally, such as m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 61 Of The Constitution Of Australia
Chapter II of the Constitution of Australia establishes the executive branch of the Government of Australia. It provides for the exercise of executive power by the Governor-General advised by a Federal Executive Council. Sections Section 61: Executive power Section 61 vests the executive power of the Commonwealth in the monarch of Australia, and establishes the Governor-General as being able to exercise this power on behalf of the monarch as their representative. In practice, the Governor-General only exercises this power on the advice of the Federal Executive Council which he or she presides over. Section 62: Federal Executive Council Section 62 establishes the Federal Executive Council which advises the Governor-General. In practice the Governor-General is bound by convention to follow this advice, and although he or she is described as having the power to choose the members of the Federal Executive Council, generally all parliamentarians who are appointed a ministerial p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
New South Wales
) , nickname = , image_map = New South Wales in Australia.svg , map_caption = Location of New South Wales in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of New South Wales , established_title2 = Establishment , established_date2 = 26 January 1788 , established_title3 = Responsible government , established_date3 = 6 June 1856 , established_title4 = Federation , established_date4 = 1 January 1901 , named_for = Wales , demonym = , capital = Sydney , largest_city = capital , coordinates = , admin_center = 128 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_name2 = Margaret Beazley , leader_title3 = Premier , leader_name3 = Dominic Perrottet (Liberal) , national_representation = Parliament of Australia , national_representation_type1 = Senat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
