Roche V Kronheimer
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Roche V Kronheimer
''Roche v Kronheimer''. is an early case in which the High Court considered the defence power and external affairs power of the Commonwealth under the Australian Constitution and the Parliament's power to delegate certain legislative powers to the Executive. The Court concluded that Federal Parliament had the power to implement the Treaty of Versailles under the defence power and to delegate that implementation to the Governor-General. Higgins J also saw it as a valid exercise of the external affair power. Background The Treaty of Versailles was signed for Australia by the Prime Minister W M Hughes and Minister for the Navy Joseph Cook 28 June 1919. The Parliament passed the ''Treaty of Peace Act 1919'' to give the Government power to give effect to the treaty. The Act consisted of just one page and the operative terms were that: 2. The Governor-General may make such regulations and do such things as appear to him to be necessary for carrying out and giving effect to ...
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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 ...
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Joseph Cook
Sir Joseph Cook, (7 December 1860 – 30 July 1947) was an Australian politician who served as the sixth Prime Minister of Australia, in office from 1913 to 1914. He was the leader of the Liberal Party from 1913 to 1917, after earlier serving as the leader of the Anti-Socialist Party from 1908 to 1909. Cook was born in Silverdale, Staffordshire, England, and began working in the local coal mines at the age of nine. He emigrated to Australia in 1885, settling in Lithgow, New South Wales. He continued to work as a miner, becoming involved with the local labour movement as a union official. In 1891, Cook was elected to the New South Wales Legislative Assembly as a representative of the Labor Party, becoming one of its first members of parliament. He was elected party leader in 1893, but the following year left Labor due to a disagreement over party discipline. He was then invited to become a government minister under George Reid, and joined Reid's Free Trade Party. In 1901, C ...
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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 ...
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Victorian Stevedoring & General Contracting Co Pty Ltd V Dignan
Victorian or Victorians may refer to: 19th century * Victorian era, British history during Queen Victoria's 19th-century reign ** Victorian architecture ** Victorian house ** Victorian decorative arts ** Victorian fashion ** Victorian literature ** Victorian morality ** Victoriana Other * ''The Victorians'', a 2009 British documentary * Victorian, a resident of the state of Victoria, Australia * Victorian, a resident of the provincial capital city of Victoria, British Columbia, Canada * RMS ''Victorian'', a ship * Saint Victorian (other), various saints * Victorian (horse) * Victorian Football Club (other), either of two defunct Australian rules football clubs See also * Neo-Victorian, a late 20th century aesthetic movement * Queen Victoria * Victoria (other) Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria ...
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Farey V Burvett
''Farey v Burvett'', is an early High Court of Australia case concerning the extent of the defence power of the Commonwealth. The majority of the Court took an expansive view of the defence power in a time of war, holding that the defence power extended to fixing the maximum price for bread. The Court adopted a different approach to the interpretation of the defence power which emphasised the purpose of the legislation, the defence of Australia, rather than the subject matter. As the law fell within a Commonwealth power, whether the law was necessary or appropriate for the defence of Australia was a matter for Parliament. Background The constitutional powers The Constitution deals with defence in a number of related provisions, relevantly providing that : 51 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: :(vi) the naval and military defence of the Commonwealth and of th ...
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British Empire
The British Empire was composed of the dominions, colonies, protectorates, mandates, and other territories ruled or administered by the United Kingdom and its predecessor states. It began with the overseas possessions and trading posts established by England between the late 16th and early 18th centuries. At its height it was the largest empire in history and, for over a century, was the foremost global power. By 1913, the British Empire held sway over 412 million people, of the world population at the time, and by 1920, it covered , of the Earth's total land area. As a result, its constitutional, legal, linguistic, and cultural legacy is widespread. At the peak of its power, it was described as "the empire on which the sun never sets", as the Sun was always shining on at least one of its territories. During the Age of Discovery in the 15th and 16th centuries, Portugal and Spain pioneered European exploration of the globe, and in the process established large overse ...
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Solicitor-General Of Australia
The Solicitor-General of Australia is the country's second highest-ranking law officer, after the Attorney-General for Australia. The position is often known as the Commonwealth Solicitor-General in order to distinguish it from the state solicitors-general. The current officeholder is Stephen Donaghue, who took office on 16 January 2017 following the resignation of Justin Gleeson. The Commonwealth Solicitor-General gives the Australian federal government legal advice and appears in court to represent the Commonwealth's interest in important legal proceedings, particularly in the High Court. The Solicitor-General notably offered advice to the government and defended members of parliament in court during the Australian Parliamentary eligibility crisis. Unlike the Australian attorney-general or the same position in England and Wales, the solicitor-general is not a member of parliament. History The office was created in 1916 with the appointment of Sir Robert Garran. Prior to th ...
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Robert Garran
Sir Robert Randolph Garran (10 February 1867 – 11 January 1957) was an Australian lawyer who became "Australia's first public servant" – the first federal government employee after the federation of the Australian colonies. He served as the departmental secretary of the Attorney-General's Department from 1901 to 1932, and after 1916 also held the position of Solicitor-General of Australia. Garran was born in Sydney, the son of the journalist and politician Andrew Garran. He studied arts and law at the University of Sydney and was called to the bar in 1891. Garran was a keen supporter of the federation movement, and became acquainted with leading federalists like George Reid and Edmund Barton. At the 1897–98 constitutional convention he served as secretary of the drafting committee. On 1 January 1901, Garran was chosen by Barton's caretaker government as its first employee; for a brief period, he was the only member of the Commonwealth Public Service. His first duty was ...
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Attorney-General For Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Australian Attorney-General uses the term "Attorney-General for Australia" or the "Commonwealth Attorney-General": seAttorney-General website Historically, "Attorney-General of Australia" was also used. for Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors. By convention, but not constitutional ...
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Waterside Workers' Federation Of Australia V J W Alexander Ltd
''Waterside Workers' Federation of Australia v J W Alexander Ltd'' is a landmark Australian judgment of the High Court made in 1918 regarding judicial power of the Commonwealth which established that Chapter III of the Constitution required judges to be appointed for life to a specific court, subject only to the removal provisions in the constitution. The majority of the High Court held that because the President of the Commonwealth Court of Conciliation and Arbitration was appointed for seven years and not life as required by s 72 of the Constitution, the Arbitration Court could not exercise judicial powers of the Commonwealth. Background The Waterside Workers' Federation of Australia applied to the Commonwealth Court of Conciliation and Arbitration for a penalty to be imposed on J W Alexander Ltd for the breach of an award. H. B. Higgins was appointed for life as a judge of the High Court, however his appointment as President of the Commonwealth Court of Conciliation and Arbi ...
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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 β€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 ...
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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 ...
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