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New South Wales V Commonwealth (1990)
''New South Wales v The Commonwealth'', the Incorporation Case,. was a decision handed down in the High Court of Australia on 8 February 1990 concerning the corporations power in s51(xx) of the Commonwealth Constitution. The states of New South Wales, South Australia and Western Australia brought an application seeking a declaration as to the validity of certain aspects of the ''Corporations Act 1989'' (Cth). Background History of Section 51(xx) Section 51(xx) of the Constitution provides: :''"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...'' ::''(xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth..."'' In an early High Court case, '' Huddart, Parker & Co Ltd v Moorehead'',. the corporations power had been construed extremely narrowly, mostly through adherence to the doctrine of reserved state powers which ... [...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] |
Declaration (law)
In law, a declaration is an authoritative establishment of fact. Declarations take various forms in different legal systems. Canon law In the canon law of the Catholic Church, a declaration of nullity, (commonly called an annulment and less commonly a decree of nullity) is authoritative judgment on the part of an ecclesiastical tribunal juridically establishing the fact that a marriage was invalidly contracted or, less frequently, a judgment juridically establishing the fact that an ordination was invalidly conferred. It does not dissolve a valid bond of marriage, but it is merely a factual declaration of the nullity of the bond. Common law In common law, a declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal that is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement. Where the declaration is made by a court, it is usually referred to as a ''declaratory judgment'' ... [...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] |
Bond V The Queen
''Bond v The Queen'',. was a significant case decided in the High Court of Australia regarding the power of the Commonwealth DPP to institute appeals in state courts. Background Alan Bond had pleaded guilty in the Supreme Court of Western Australia to two charges of failing to act honestly in his capacity as an officer of a company, with intent to defraud the company and its shareholders. He was sentenced to a total of four years imprisonment. The Director of Public Prosecutions appealed his sentence to the Court of Criminal Appeal, of which the court allowed the appeal and sentenced Alan Bond to seven years imprisonment. Alan Bond appealed to the High Court on the grounds that the Director of Public Prosecutions The Director of Public Prosecutions (DPP) is the office or official charged with the prosecution of criminal offences in several criminal jurisdictions around the world. The title is used mainly in jurisdictions that are or have been members o ... didn't have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Wakim; Ex Parte McNally
''Re Wakim; Ex parte McNally''. was a significant case decided in the High Court of Australia on 17 June 1999. The case concerned the constitutional validity of cross-vesting of jurisdiction, in particular, the vesting of state companies law jurisdiction in the Federal Court. Background As part of the national corporations law scheme instigated after the High Court's ruling in '' New South Wales v The Commonwealth'' (1990) the states were required to legislate for the formation of corporations. As a result of this the states had to vest the Federal Court with state jurisdiction to allow the Commonwealth to have effective judicial control over corporations law. The proceedings Four sets of proceedings were launched in the High Court by various parties. Given the similarity of the issues to be decided each was heard and decided at the same time. The first two proceedings were launched by respondents in Federal Court proceedings who were allegedly liable for damages in negligen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Samuel Griffith
Sir Samuel Walker Griffith, (21 June 1845 – 9 August 1920) was an Australian judge and politician who served as the inaugural Chief Justice of Australia, in office from 1903 to 1919. He also served a term as Chief Justice of Queensland and two terms as Premier of Queensland, and played a key role in the drafting of the Australian Constitution. Griffith was born in Wales, arriving in the Moreton Bay district of New South Wales (now the state of Queensland) at the age of eight. He attended the University of Sydney, and after further legal training was called to the bar in 1867. Griffith was elected to the Queensland Legislative Assembly in 1872. He served as Attorney-General from 1874 to 1878, and subsequently became the leader of the parliament's liberal faction. Griffith's terms as premier ran from 1883 to 1888 and from 1890 to 1893. He led the Australian delegation to the 1887 Colonial Conference and took a keen interest in external affairs, giving financial and administrat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Leslie Toohey
John Leslie Toohey, AC, QC (4 March 1930 – 9 April 2015) was an Australian judge who was a Justice of the High Court of Australia from 1987 to 1998. Early life and education Toohey was born in rural Western Australia on 4 March 1930, to Albert and Sylvia Toohey. He was the eldest child, with two younger sisters and a younger brother. He completed his secondary education at St. Louis School (now John XXIII College), a Catholic school in Perth. He studied law and arts at the University of Western Australia. He graduated with first class honours in law in 1950, receiving the FE Parsons Prize (for the most outstanding graduate) and the HCF Keall Prize (for the best fourth year student). He completed his arts degree with first-class honours in 1956. Legal career After completing his law degree, Toohey commenced his articles of clerkship at the Perth law firm Lavan & Walsh, and was admitted as a legal practitioner in 1952. Toohey soon rose to prominence in the Western A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Securities And Investments Commission
The Australian Securities and Investments Commission (ASIC) is an independent commission of the Australian Government tasked as the national corporate regulator. ASIC's role is to regulate company and financial services and enforce laws to protect Australian consumers, investors and creditors. ASIC was established on 1 July 1998 following recommendations from the Wallis Inquiry. ASIC's authority and scope are determined by the ''Australian Securities and Investments Commission Act 2001''. ASIC, which reports to the Treasurer, is responsible for the administering the following legislation: * ''Australian Securities and Investments Commission Act 2001'' (ASIC Act) * '' Business Names Registration Act 2011'' * ''Corporations Act 2001'' (Corporations Act) * ''Insurance Contracts Act 1984'' * ''National Consumer Credit Protection Act 2009'' (National Credit Act) Additionally, ASIC is also responsible for administering parts of the following legislation: * ''Banking Act 1959'' * ''Li ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
National Companies And Securities Commission
National may refer to: Common uses * Nation or country ** Nationality – a ''national'' is a person who is subject to a nation, regardless of whether the person has full rights as a citizen Places in the United States * National, Maryland, census-designated place * National, Nevada, ghost town * National, Utah, ghost town * National, West Virginia, unincorporated community Commerce * National (brand), a brand name of electronic goods from Panasonic * National Benzole (or simply known as National), former petrol station chain in the UK, merged with BP * National Car Rental, an American rental car company * National Energy Systems, a former name of Eco Marine Power * National Entertainment Commission, a former name of the Media Rating Council * National Motor Vehicle Company, Indianapolis, Indiana, USA 1900-1924 * National Supermarkets, a defunct American grocery store chain * National String Instrument Corporation, a guitar company formed to manufacture the first resonator gui ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Second World War
World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposing military alliances: the Allies and the Axis powers. World War II was a total war that directly involved more than 100 million personnel from more than 30 countries. The major participants in the war threw their entire economic, industrial, and scientific capabilities behind the war effort, blurring the distinction between civilian and military resources. Aircraft played a major role in the conflict, enabling the strategic bombing of population centres and deploying the only two nuclear weapons ever used in war. World War II was by far the deadliest conflict in human history; it resulted in 70 to 85 million fatalities, mostly among civilians. Tens of millions died due to genocides (including the Holocaust), starvation, ma ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Strickland V Rocla Concrete Pipes Ltd
''Strickland v Rocla Concrete Pipes Ltd'',. also known as the ''Concrete Pipes Case'', is a High Court of Australia case that discusses the scope of the corporations power in section 51(xx) of the Australian Constitution. This was an important case in Australian constitutional law because it overruled the decision in the earlier case of ''Huddart, Parker & Co Pty Ltd v Moorehead'',. which held that the corporations power only extended as far as the regulation of their conduct in relation to their transactions with or affecting the public. Since this case, the Commonwealth has had at least the ability to regulate the trading activities of trading corporations, thus opening the way for an expansion in Commonwealth power. The width of this power was later considered again in the cases of ''Actors and Announcers Equity Association v Fontana Films'', ''Commonwealth v Tasmania (the Tasmanian Dam Case)'', ''Re Dingjan; Ex parte Wagner'',. and '' New South Wales v Commonwealth (the WorkC ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
