Section 75 Of The Constitution Of Australia
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Section 75 Of The Constitution 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''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the 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, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking ...
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Original Jurisdiction
In common law legal systems original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a higher court has the power to review a lower court's decision. India In India, the Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to all cases between the Government of India and the States of India or between Government of India and states on one side and one or more states on other side or cases between different states. Original jurisdiction is related to cases directly brought to the Supreme Court. Cases that require the interpretation of the constitution or cases relating to the denial of fundamental rights are heard in the Supreme Court. In case there is a dispute between two or more states or between the union and the states, the Supreme Court decides such cases. In addition, Article 131 of the Constitution of India grants original jurisdiction to the Supr ...
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Prohibition (writ)
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., higher ...
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Mandamus
(; ) is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do (or forbear from doing) some specific act which that body is obliged under law to do (or refrain from doing), and which is in the nature of public duty, and in certain cases one of a statutory duty. It cannot be issued to compel an authority to do something against statutory provision. For example, it cannot be used to force a lower court to take a specific action on applications that have been made, but if the court refuses to rule one way or the other then a mandamus can be used to order the court to rule on the applications. Mandamus may be a command to do an administrative action or not to take a particular action, and it is supplemented by legal rights. In the American legal system it must be a judicially enforceable and legally protected right before one suffering a grievance can ask for a mandamus. A person can be said to be aggrie ...
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Consulate General
A consul is an official representative of the government of one state in the territory of another, normally acting to assist and protect the citizens of the consul's own country, as well as to facilitate trade and friendship between the people of the two countries. A consul is distinguished from an ambassador, the latter being a representative from one head of state to another, but both have a form of immunity. There can be only one ambassador from one country to another, representing the first country's head of state to that of the second, and their duties revolve around diplomatic relations between the two countries; however, there may be several consuls, one in each of several major cities, providing assistance with bureaucratic issues to both the citizens of the consul's own country traveling or living abroad and to the citizens of the country in which the consul resides who wish to travel to or trade with the consul's country. A less common usage is an administrative consu ...
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Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cited ...
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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 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 ...
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Sydney
Sydney ( ) is the capital city of the state of New South Wales, and the most populous city in both Australia and Oceania. Located on Australia's east coast, the metropolis surrounds Sydney Harbour and extends about towards the Blue Mountains to the west, Hawkesbury to the north, the Royal National Park to the south and Macarthur to the south-west. Sydney is made up of 658 suburbs, spread across 33 local government areas. Residents of the city are known as "Sydneysiders". The 2021 census recorded the population of Greater Sydney as 5,231,150, meaning the city is home to approximately 66% of the state's population. Estimated resident population, 30 June 2017. Nicknames of the city include the 'Emerald City' and the 'Harbour City'. Aboriginal Australians have inhabited the Greater Sydney region for at least 30,000 years, and Aboriginal engravings and cultural sites are common throughout Greater Sydney. The traditional custodians of the land on which modern Sydney stands are ...
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Melbourne
Melbourne ( ; Boonwurrung/Woiwurrung: ''Narrm'' or ''Naarm'') is the capital and most populous city of the Australian state of Victoria, and the second-most populous city in both Australia and Oceania. Its name generally refers to a metropolitan area known as Greater Melbourne, comprising an urban agglomeration of 31 local municipalities, although the name is also used specifically for the local municipality of City of Melbourne based around its central business area. The metropolis occupies much of the northern and eastern coastlines of Port Phillip Bay and spreads into the Mornington Peninsula, part of West Gippsland, as well as the hinterlands towards the Yarra Valley, the Dandenong and Macedon Ranges. It has a population over 5 million (19% of the population of Australia, as per 2021 census), mostly residing to the east side of the city centre, and its inhabitants are commonly referred to as "Melburnians". The area of Melbourne has been home to Aboriginal ...
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Parliamentary Triangle
The National Triangle, which is referred to as the Parliamentary Triangle, is the ceremonial precinct of Canberra, containing some of Australia's most significant buildings. The National Triangle is formed by Commonwealth, Kings and Constitution Avenues. Buildings within the National Triangle have been located and designed intentionally for visual effect, and those of national significance are popular tourist attractions. The National Triangle was a significant feature of Walter Burley Griffin's Plan for Canberra. The apices of the triangle are Parliament House, the seat of government; the Defence Headquarters at Russell; and City Hill, representing the civilian part of Canberra. Griffin planned the city around two axes which converge in the centre of the National Triangle. The land axis connects Mount Ainslie, Capital Hill and Red Hill and extends off towards Mount Bimberi the Australian Capital Territory's highest mountain. The water axis runs at right angles to the land ...
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High Court Of Australia Building
The High Court of Australia building is located on the shore of Lake Burley Griffin in Canberra's Parliamentary Triangle. It is currently the home to the High Court of Australia. The High Court building was designed between 1972 and 1974 by the Australian architect Christopher Kringas (1936–1975), a director of the firm Edwards Madigan Torzillo and Briggs. The building was constructed from 1975 to 1980. Its international architectural significance is recognised by the Union of International Architects register of 'Architectural Heritage of the 20th Century'. It received the Australian Institute of Architects 'Canberra Medallion' in 1980 and the award for 'Enduring Architecture' in 2007. The High Court building was added to the Commonwealth Heritage List in 2004. History In the 1950s, Prime Minister Robert Menzies established a plan to develop Canberra and construct other important national buildings. A 1959 plan featured a new building for the High Court on the shore of Lake Bur ...
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Advice (constitutional Law)
In constitutional law, advice is a formal and usually binding instruction given by one constitutional officer of state to another. Particularly in parliamentary systems of government, heads of state often act on the basis of advice issued by prime ministers or other government ministers. For example, in constitutional monarchies, the monarch usually appoints ministers of the Crown on the advice of their prime minister. Among the most prominent forms of advice offered are, among other things: * Advice to appoint and remove individual ministers. * Advice to dissolve parliament. * Advice to deliver formal statements, such as a speech from the throne. In some states, the duty to accept advice is legally enforceable, having been created by a constitution or statute. For example, the Basic Law of Germany requires the president to appoint federal ministers on the advice of the chancellor. In others, especially under the Westminster system, advice may legally be rejected; for example, in ...
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