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Re Judiciary And Navigation Acts
''Re Judiciary & navigation Acts 1921'' 29 Commonwealth Law Reports, CLR 257 is a Lists of landmark court decisions#Landmark decisions in Australia, landmark Australian Judgment (law), judgment of the High Court of Australia, High Court. The court case, matter related to what is a Legal case, legal matter and the High Court's ability to issue Legal opinion, opinion outside a case. Background The Attorney-General of Victoria (Australia), Attorney-General of States and territories of Australia, the State of Victoria (Australia), Victoria, raised an objection that section 88 of the Judiciary Act 1903 was Ultra vires, beyond the powers of the Parliament of Australia, Commonwealth Parliament. Finding The court found that, like in the United States, Chapter III Court, the Court could not issue legal opinion unattached to a specific case. The joint majority judgment stated: :''But we can find nothing in Chapter III of the Constitution of Australia, Chapter III of the Constitution to l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Canberra
Canberra ( ) is the capital city of Australia. Founded following the federation of the colonies of Australia as the seat of government for the new nation, it is Australia's largest inland city and the eighth-largest city overall. The city is located at the northern end of the Australian Capital Territory at the northern tip of the Australian Alps, the country's highest mountain range. As of June 2021, Canberra's estimated population was 453,558. The area chosen for the capital had been inhabited by Indigenous Australians for up to 21,000 years, with the principal group being the Ngunnawal people. European settlement commenced in the first half of the 19th century, as evidenced by surviving landmarks such as St John's Anglican Church and Blundells Cottage. On 1 January 1901, federation of the colonies of Australia was achieved. Following a long dispute over whether Sydney or Melbourne should be the national capital, a compromise was reached: the new capital would be buil ... [...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] |
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] |
Paul Kelly (journalist)
Paul John Kelly (born 11 October 1947) is an Australian political journalist, author and television and radio commentator from Sydney. He has worked in a variety of roles, principally for ''The Australian'' newspaper, and is currently its editor-at-large. Kelly also appears as a commentator on Sky News and has written seven books on political events in Australia since the 1970s including on the 1975 Australian constitutional crisis. Recent works include, ''The March of Patriots'', which chronicles the creation of a modern Australia during the 1991–2007 era of Prime Ministers, Paul Keating and John Howard, and '' Triumph & Demise'' which focuses on the leadership tensions at the heart of the Rudd- Gillard Labor Governments of 2007–2011. Kelly presented the Australian Broadcasting Corporation (ABC) TV documentary series, ''100 Years – The Australian Story'' (2001) and wrote a book of the same title. In 2006, Kelly's work was described by fellow Australian journalists, Toby ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Original Jurisdiction Of High Court
Originality is the aspect of created or invented works that distinguish them from reproductions, clones, forgeries, or substantially derivative works. The modern idea of originality is according to some scholars tied to Romanticism, by a notion that is often called romantic originality.Smith (1924)Waterhouse (1926)Macfarlane (2007) The validity of "originality" as an operational concept has been questioned. For example, there is no clear boundary between "derivative" and "inspired by" or "in the tradition of." The concept of originality is both culturally and historically contingent. For example, unattributed reiteration of a published text in one culture might be considered plagiarism but in another culture might be regarded as a convention of veneration. At the time of Shakespeare, it was more common to appreciate the similarity with an admired classical work, and Shakespeare himself avoided "unnecessary invention".Royal Shakespeare Company (2007) ''The RSC Shakespeare - Wil ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert French
Robert Shenton French (born 19 March 1947) is an Australian lawyer and judge who served as the twelfth Chief Justice of Australia, in office from 2008 to 2017. He has been the chancellor of the University of Western Australia since 2017. French was born in Perth, Western Australia, and is a graduate of the University of Western Australia. He was admitted as a barrister and solicitor in 1972, and appointed to the Federal Court in 1986, serving as a justice on that court until his elevation to the High Court. He also held a number of other positions during that time, notably serving as chancellor of Edith Cowan University (1991–1997), chairman of the National Native Title Tribunal (1994–1998), and on the Supreme Court of Fiji (2003–2008). In July 2008, Prime Minister Kevin Rudd named French to succeed Murray Gleeson as chief justice, taking office just over a month later. He became the first chief justice from Western Australia, and the third justice overall (after Sir Ro ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter III Of The Constitution Of Australia
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution. Separation of powers in Australia The doctrine of separation of powers refers to a system of government whereby three aspects of government powerlegislative power, executive power, and judicial powerare vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative powerthe making, altering or repealing of laws; Chapter II outlines executive powerthe general and detailed carrying on of governmental functions; Chapter III outlines judicial powerthe interpretation of law, and adjudication ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Opinion
In law, a legal opinion is in certain jurisdictions a written explanation by a judge or group of judges that accompanies an order or ruling in a case, laying out the rationale and legal principles for the ruling. Opinions are in those jurisdictions usually published at the direction of the court, and to the extent, they contain pronouncements about what the law is and how it should be interpreted, they reinforce, change, establish, or overturn legal precedent. If a court decides that an opinion should be published, the opinion may be included in a volume from a series of books called law reports ('reporters' in the United States). Published opinions of courts are also collectively referred to as case law, and constitute in the common law legal systems one of the major sources of law. Memorandum opinion Not every case decided by a higher court results in the publication of an opinion; in fact many cases do not, since an opinion is often published only when the law is being int ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter III Court
In Australian constitutional law, Chapter III Courts are courts of law which are a part of the Australian federal judiciary and thus are able to discharge Commonwealth judicial power. They are so named because the prescribed features of these courts are contained in Chapter III of the Australian Constitution. Separation of powers in Australia The doctrine of separation of powers refers to a system of government whereby three aspects of government powerlegislative power, executive power, and judicial powerare vested in separate institutions. This doctrine holds that abuse of power can be avoided by each arm of government acting as a check on another. In Australia, this separation is implied in the structure of the Constitution. Chapter I outlines legislative powerthe making, altering or repealing of laws; Chapter II outlines executive powerthe general and detailed carrying on of governmental functions; Chapter III outlines judicial powerthe interpretation of law, and adjudication ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislature, legislative branch of the government of Australia. It consists of three elements: the monarch (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate and the Australian House of Representatives, House of Representatives.Constitution of Australia, Section 1 of the Constitution of Australia, section 1. The combination of two elected chambers, in which the members of the Senate represent the States and territories of Australia, states and territories while the members of the House represent electoral divisions according to population, is modelled on the United States Congress. Through both chambers, however, there is a Fusion of powers, fused executive, drawn from the Westminster system.. The upper house, the Senate, consists of 76 members: twelve for each state, and two each for the territories, Northern Terr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of powers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria (Australia)
Victoria is a state in southeastern Australia. It is the second-smallest state with a land area of , the second most populated state (after New South Wales) with a population of over 6.5 million, and the most densely populated state in Australia (28 per km2). Victoria is bordered by New South Wales to the north and South Australia to the west, and is bounded by the Bass Strait to the south (with the exception of a small land border with Tasmania located along Boundary Islet), the Great Australian Bight portion of the Southern Ocean to the southwest, and the Tasman Sea (a marginal sea of the South Pacific Ocean) to the southeast. The state encompasses a range of climates and geographical features from its temperate coastal and central regions to the Victorian Alps in the northeast and the semi-arid north-west. The majority of the Victorian population is concentrated in the central-south area surrounding Port Phillip Bay, and in particular within the metropolit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
