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Maurice Byers
Sir Maurice Hearne Byers (10 November 191717 January 1999) was a noted Australian jurist and constitutional expert. He was the Commonwealth Solicitor-General from 1973 to 1983, in which capacity he played a role in the Gair Affair and the 1975 Australian constitutional crisis. He had an unmatched record of success in his appearances before the High Court of Australia, and he has been characterised as the finest lawyer never to have been appointed to the High Court. Career Maurice Byers was born on 10 November 1917. He attended St Aloysius' College in Sydney. He studied law at the University of Sydney and was admitted to the Bar in 1944. In 1957 his Sydney practice in Wentworth Chambers joined those of John Kerr and Gough Whitlam. His practice was mainly in the fields of equity, taxation, company and constitutional law. He appeared frequently before the Privy Council. He became a Queen's Counsel in 1960. He was President of the New South Wales Bar Association from 1965 t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Barrister
A barrister is a type of lawyer in common law jurisdictions. Barristers mostly specialise in courtroom advocacy and litigation. Their tasks include taking cases in superior courts and tribunals, drafting legal pleadings, researching law and giving expert legal opinions. Barristers are distinguished from both solicitors and chartered legal executives, who have more direct access to clients, and may do transactional legal work. It is mainly barristers who are appointed as judges, and they are rarely hired by clients directly. In some legal systems, including those of Scotland, South Africa, Scandinavia, Pakistan, India, Bangladesh, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man, the word ''barrister'' is also regarded as an honorific title. In a few jurisdictions, barristers are usually forbidden from "conducting" litigation, and can only act on the instructions of a solicitor, and increasingly - chartered legal executives, who perform tasks such ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tasmanian Dam Case
''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia. The case centred on the proposed construction of a hydro-electric dam on the Gordon River in Tasmania, which was supported by the Tasmanian government, but opposed by the Australian federal government and environmental groups. Background to the case In 1978, the Hydro-Electric Commission, then a body owned by the Tasmanian government, proposed the construction of a hydro-electric dam on the Gordon River, below its confluence with the Franklin River, in Tasmania's rugged south-west region. The dam would have flooded the Franklin River. In June 1981 the Labor state government created the Wild Rivers National Park in an attempt to protect the river. The boundaries would ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth V Tasmania
''Commonwealth v Tasmania'' (popularly known as the ''Tasmanian Dam Case'') was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia. The case centred on the proposed construction of a hydro-electric dam on the Gordon River in Tasmania, which was supported by the Tasmanian government, but opposed by the Australian federal government and environmental groups. Background to the case In 1978, the Hydro-Electric Commission, then a body owned by the Tasmanian government, proposed the construction of a hydro-electric dam on the Gordon River, below its confluence with the Franklin River, in Tasmania's rugged south-west region. The dam would have flooded the Franklin River. In June 1981 the Labor state government created the Wild Rivers National Park in an attempt to protect the river. The boundaries would ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Racial Discrimination Act 1975
The ''Racial Discrimination Act 1975'' (Cth). is an Act of the Australian Parliament, which was enacted on 11 June 1975 and passed by the Whitlam government. The Act makes racial discrimination in certain contexts unlawful in Australia, and also overrides state and territory legislation to the extent of any inconsistency. The Act is administered by the Australian Human Rights Commission (AHRC). The president of the commission is responsible for investigating complaints. If a complaint is validated, the commission will attempt to conciliate the matter. If the commission cannot negotiate an agreement which is acceptable to the complainant, the complainant's only redress is through the Federal Court of Australia or through the Federal Circuit and Family Court of Australia. The commission also attempts to raise awareness about the obligations that individuals and organisations have under the Act. The Act Prohibition of racial discrimination in certain contexts Racial discrimin ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Koowarta V Bjelke-Petersen
''Koowarta v Bjelke-Petersen'',. was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the ''Racial Discrimination Act 1975'', and the discriminatory acts of the Government of Queensland in blocking the purchase of land by Aboriginal people in northern Queensland. Background to the case John Koowarta, the plaintiff, was an Aboriginal Australian man, a member of the Wik nation. The Wik peoples were the Indigenous inhabitants of the Aurukun region of the Cape York Peninsula. In 1974, Koowarta and a number of other stockmen planned to purchase the Archer River cattle station, which covered much of the Wik peoples' traditional homeland, using funds provided by the Aboriginal Land Fund Commission. They approached Remington Rand, an American businessman who owned the station by way of a pastoral lease, who agreed to sell the lease to them. In February 1976, the Commission made a contract to purc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(xx) Of The Constitution Of Australia
Section 51(xx) of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the power to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth". This power has become known as "the corporations power", the extent of which has been the subject of numerous judicial cases. Jurisprudence to 1971 After the High Court's decision in ''Huddart, Parker & Co Ltd v Moorehead'' (1909), the "corporations" power was largely ignored as a basis for Commonwealth legislation. The majority judges agreed in this case that the power should be construed narrowly, though they were unable to agree on any appropriate interpretation. Their approach reflected the perceived need to protect "the reserved powers of the States", an idea abandoned in 1920 as a result of the '' Engineer' case''.. Justice Issacs dissent in ''Huddart, Parker & Co.'' gave a broad mean ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Actors And Announcers Equity Association Of Australia V Fontana Films Pty Ltd
An actor or actress is a person who portrays a character in a performance. The actor performs "in the flesh" in the traditional medium of the theatre or in modern media such as film, radio, and television. The analogous Greek term is (), literally "one who answers".''Hypokrites'' (related to our word for hypocrite) also means, less often, "to answer" the tragic chorus. See Weimann (1978, 2); see also Csapo and Slater, who offer translations of classical source material using the term ''hypocrisis'' (acting) (1994, 257, 265–267). The actor's interpretation of a rolethe art of actingpertains to the role played, whether based on a real person or fictional character. This can also be considered an "actor's role," which was called this due to scrolls being used in the theaters. Interpretation occurs even when the actor is "playing themselves", as in some forms of experimental performance art. Formerly, in ancient Greece and the medieval world, and in England at the time of Willi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 51(i) Of The Constitution Of Australia
Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: :Trade and commerce with other countries, and among the States; Legislative powers of the Parliament. The meaning of trade and commerce is clarified in section 98 of the Constitution which provides :The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State. Trade and commerce includes navigation and State railways. Interpretation by the courts "Trade" and "commerce" have been broadly construed. The early case of ''W & A McArthur Ltd v Queensland'',. declared: "Trade and commerce" between different countrieswe leave out for the present the word "intercourse"has never been confined to the mere act of transportation of merchandise over the frontier. That the words include that act is, of course, a truism. But that they go far beyond it is a fact quite as undoubted. All the commercial ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphyores Inc Pty Ltd V Commonwealth
''Murphyores Inc Pty Ltd v Commonwealth'',. was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution. Background Section 112 of the ''Customs Act 1901'',. prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc Pty Ltd, which held leases from the state of Queensland to mine mineral sands on Fraser Island, sought permission from the Minister to export mineral sands. Such authorisation was withheld pending the outcome of an environmental inquiry. Murphyores challenged the constitutional validity of prohibition and sought an injunction to the study, and a declaration that the Minister cannot make a prohibition for environmental purposes. Decision In a unanimous decision, the court held the legislation was a valid exercise of the trade and commerce power. Section 51(i) was a non-purposive power, and the only relevant factor was the subject matter of trade and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Joint Sitting Of The Australian Parliament Of 1974
The 1974 Joint Sitting of the Parliament of Australia remains the only time that members of both houses of the federal parliament of Australia, the Senate and House of Representatives, have sat together as a single legislative body pursuant to section 57 of the Constitution. The joint sitting was held on 6 and 7 August 1974, following the double dissolution 1974 federal election. This sitting deliberated and voted upon the following bills: *''Commonwealth Electoral Bill (No. 2) 1973'', which sought to make Commonwealth electorates more even in size by reducing the allowable quota variation from 20 per cent to 10 per cent. *''Senate (Representation of Territories) Bill 1973'', which gave the Australian Capital Territory and the Northern Territory two senators each. *''Representation Bill 1973'', which stated that neither the people of the territories nor the territory senators could be included in the formula for determining the number of House seats for each state *''Hea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
