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Pye V Renshaw
''Pye v. Renshaw'',. is a High Court of Australia case that deals with the interaction between section 51(xxxi) of the Constitution, Legislative powers of the Parliament. (the Commonwealth's power to acquire property on just terms) and section 96 of the Constitution (the grants power). Financial assistance to States. This case followed from '' P. J. Magennis Pty. Ltd. v. Commonwealth'', which held that a Commonwealth law to purchase land via the New South Wales government was invalid. The Commonwealth amended the law, such that the reference to acquisition of land was removed.. The Court held that the law was valid; thus, the Commonwealth was able to get around the restrictions in section 51(xxxi) by ensuring that the law could not be characterised as land acquisition. Hence, section 51(xxxi) does not restrict the section 96 grants power. See also * Australian constitutional law Australian constitutional law is the area of the law of Australia relating to the interpre ... [...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] |
Section 96 Of The Constitution Of Australia
Section 96 of the Constitution of Australia authorises the Australian (Commonwealth) Parliament to grant financial assistance to any state on the terms and conditions that it sees fit, subject to acceptance by the state(s) concerned. The expanded use of the power under section 96 has added to Australia's vertical fiscal imbalance and enabled the Commonwealth to have a significant influence over matters that would otherwise be constitutionally State responsibilities. Text Tied grants Section 51 of the Australian Constitution enumerates the legislative powers of Commonwealth, with the residual powers being those of the States. However, section 96 provides the Commonwealth with the power to grant money to any state. These monetary grants are typically tied to certain terms and conditions (often legislative) that the states must adhere to in order to receive the grant. As these grants are linked to a particular purpose, they are known as 'tied grants'. In practice, section 96 h ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1951 In Australian Law
Events January * January 4 – Korean War: Third Battle of Seoul – Chinese and North Korean forces capture Seoul for the second time (having lost the Second Battle of Seoul in September 1950). * January 9 – The Government of the United Kingdom announces abandonment of the Tanganyika groundnut scheme for the cultivation of peanuts in the Tanganyika Territory, with the writing off of £36.5M debt. * January 15 – In a court in West Germany, Ilse Koch, The "Witch of Buchenwald", wife of the commandant of the Buchenwald concentration camp, is sentenced to life imprisonment. * January 20 – Winter of Terror: Avalanches in the Alps kill 240 and bury 45,000 for a time, in Switzerland, Austria and Italy. * January 21 – Mount Lamington in Papua New Guinea erupts catastrophically, killing nearly 3,000 people and causing great devastation in Oro Province. * January 25 – Dutch author Anne de Vries releases the first volume of his children's novel ''Journey Through the Night'' ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Acquisition Of Property In The Australian Constitution Cases
Acquisition may refer to: * Takeover, the purchase of one company by another * Mergers and acquisitions, transactions in which the ownership of companies or their operating units are transferred or consolidated with other entities * Procurement, finding, agreeing terms and acquiring goods, services or works from an external source * Library acquisitions, department of a library responsible for the selection and purchase of materials * Military acquisition, the process of acquiring products for national defense * Acquiring bank, a bank or financial institution that processes credit or debit card payments on behalf of a merchant * Acquisition (contract law), process by which the Federal Government of the U.S. acquires goods, services, and interests in real property * Acquisition (forensic process), the creation of a disk image for use in digital forensics * Acquisition (linguistic), process by which humans acquire the capacity to perceive and comprehend language * Acquisition (psyc ... [...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] |
George Winterton
George Graham Winterton (15 December 1946 – 6 November 2008) was an Australian academic specialising in Australian constitutional law. Winterton taught for 28 years at the University of New South Wales before taking up an appointment of Professor of Constitutional Law at the University of Sydney in 2004. Winterton served as a member of the Executive Government Advisory Committee of the Constitutional Commission from 1985 to 1987. Early life Winterton was born in Hong Kong on 15 December 1946. His parents, Rita and Walter, had married in Hong Kong after fleeing Austria shortly after the 1938 Nazi invasion. His father practised medicine in Japanese-occupied Hong Kong and, in May 1947, he and his family sailed to London on the ''MV Lorenz''. Walter having gained an English medical qualification, the Wintertons left Britain in 1948, arriving in Australia in November where Walter became a general practitioner in Western Australia, first at Pingelly, then Mount Hawthorn (North Per ... [...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] |
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] |
Section 51(xxxi) Of The Constitution Of Australia
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. Legislative powers of the Parliament. It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just terms. The terms is sometimes referred to in shorthand as the 'just terms' provision. Aside from its importance to Australian Constitutional Law, and Property Law; the section is notable for its role as a plot device in '' The Castle'', an iconic Australian film. Text Section 51(xxxi) reads: Jurisprudence While s51(xxxi) was adapted from the US Constitution's Fifth Amendment, it has many differences. The 'just terms' requirement has been held not to affect the State Parliaments. In ''Grace Bros Pty Ltd v The Commonwealth'' (1946), Justice Dixon stated that the inclusion of the condition was to "prevent arbitrary exercises of the power at the expense of a State or a subject.". The interpretation of the terms "acquis ... [...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 â€Its 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] |
Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Frank Kitto
Sir Frank Walters Kitto, (30 July 1903 – 15 February 1994), Australian judge, was a Justice of the High Court of Australia. Early life and education Kitto was born in Melbourne in 1903, but his family moved to Sydney, when his father, James Kitto, became the Deputy Director of Posts and Telegraphs in New South Wales. There, he was educated at North Sydney Boys' High School. He later studied at the University of Sydney, where he graduated with a Bachelor of Arts and a Bachelor of Laws with Honours, while also winning a Pitt Cobbett Prize in the Faculty of Law. Career From 1921 to 1927, Kitto worked for the Solicitor-General of New South Wales, and after this time he was admitted to the New South Wales Bar, where he practised as a barrister. His specialities were equity and Australian constitutional law. From 1930 to 1933 he was a lecturer at the University of Sydney, teaching bankruptcy and probate law in the Sydney law school. In 1932, while still a junior counsel, he a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
