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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] |
Ex Parte
In law, ''ex parte'' () is a Latin term meaning literally "from/out of the party/faction of" (name of party/faction, often omitted), thus signifying "on behalf of (name)". An ''ex parte'' decision is one decided by a judge without requiring all of the parties to the dispute to be present. In English law and its derivatives, namely Australian, New Zealand, Canadian, South African, Indian, and U.S. legal doctrines, ''ex parte'' means a legal proceeding brought by one party in the absence of and without representation of or notification to the other party. The term is also used more loosely to refer to improper unilateral contacts with a court, arbitrator, or represented party without notice to the other party or counsel for that party. The phrase was common in the titles of ''habeas corpus'' and judicial review cases until the end of the twentieth century, because those cases were originally brought by the Crown on behalf of the claimant. In Commonwealth common law jurisdictio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian States And Territories
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Separation Of Powers In The Australian Constitution Cases
Separation may refer to: Films * ''Separation'' (1967 film), a British feature film written by and starring Jane Arden and directed by Jack Bond * ''La Séparation'', 1994 French film * ''A Separation'', 2011 Iranian film * ''Separation'' (2013 film), an American thriller film starring Sarah Manninen * ''Separation'' (2021 film), an American horror film Literature * ''The Separation'' (Priest novel), a 2002 novel by Christopher Priest * ''The Separation'' (Applegate ovel), a 1999 novel in the ''Animorphs'' series by K.A. Applegate * ''Separation'', a 1976 Canadian political novel by Richard Rohmer Music * ''Separation'' (album), by American alternative rock band Balance and Composure (2011) * ''Separation'' (EP), a 2006 EP by Halou * ''Separates'', album by 999 * ''Separations'' (album), a 1992 album by British alternative rock band Pulp * Separation (band), a Swedish straight edge hardcore punk band * Separation mastering, in music recording Law and politics * Marit ... [...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] |
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] |
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 High Court * High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. ... Australian case law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Hughes (Australia)
''R v Hughes'' is a 2002 Judicial Committee of the Privy Council (JCPC) case in which it was held that it was unconstitutional in Saint Lucia for capital punishment to be the mandatory sentence for murder. The JCPC held that because the Constitution of Saint Lucia prohibits "inhuman or degrading punishment", following a murder conviction, a trial judge must have discretion to impose a lesser penalty than death by hanging; capital punishment may be applied only in those cases that contain aggravating factors as compared to other murder cases. The case was decided with '' Reyes v R'' and '' Fox v R'', cases on the same issue on appeal from Belize and Saint Kitts and Nevis Saint Kitts and Nevis (), officially the Federation of Saint Christopher and Nevis, is an island country and microstate consisting of the two islands of Saint Kitts and Nevis, both located in the West Indies, in the Leeward Islands chain .... See also *'' Bowe v R'' *'' Boyce v R'' *'' Matthew v S'' ... [...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] |
Australian Constitution
The Constitution of Australia (or Australian Constitution) is a constitutional document that is supreme law in Australia. It establishes Australia as a federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the executive, legislature, and judiciary. The constitution was drafted between 1891 and 1898, through a series of conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an act of the Parliament of the United Kingdom. The act was given royal assent on 9 July 1900, was proclaimed on 17 September 1900, and entered into force on 1 January 1901. The constitution gave the six colonies the status o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding township#Australia, townships. It is located in southeastern Australian mainland as an enclave and exclave, enclave completely within the states and territories of Australia, state of New South Wales. Founded after Federation of Australia, Federation as the seat of government for the new nation, the territory hosts the headquarters of all important institutions of the Australian Government. On 1 January 1901, Federation of Australia, federation of the colonies of Australia was achieved. Section 125 of the new Constitution of Australia, Australian Constitution provided that land, situated in New South Wales and at least from Sydney, would be ceded to the new Government of Australia, federal government. Following discussion and exploration of various ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Certiorari
In law, ''certiorari'' is a court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made certain", and comes from the opening line of such writs, which traditionally began with the Latin words "''Certiorari volumus''..." ("We wish to be made certain..."). Derived from the English common law, ''certiorari'' is prevalent in countries utilising, or influenced by, the common law''.'' It has evolved in the legal system of each nation, as court decisions and statutory amendments are made. In modern law, ''certiorari'' is recognized in many jurisdictions, including England and Wales (now called a "quashing order"), Canada, India, Ireland, the Philippines and the United States. With the expansion of administrative law in the 19th and 20 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Writ Of Prohibition
A writ of prohibition is a writ directing a subordinate to stop doing something the law prohibits. This writ is often issued by a superior court to the lower court directing it not to proceed with a case which does not fall under its jurisdiction. Writs of prohibition can be subdivided into "alternative writs" and "peremptory writs". An alternative writ directs the recipient to immediately act, or desist, and "show cause" why the directive should not be made permanent. A peremptory writ directs the recipient to immediately act, or desist, and "return" the writ, with certification of its compliance, within a certain time. When an agency of an official body is the target of the writ of prohibition, the writ is directed to the official body over which the court has direct jurisdiction, ordering the official body to cause the agency to desist. Although the rest of this article speaks to judicial processes, a writ of prohibition may be directed by any court of record (i.e., highe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
