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Section 117 Of The Constitution Of Australia
Section 117 of the Constitution of Australia provides protection against discrimination on the basis of State of residence. Historically, section 117 had been read down by the High Court so as to be devoid of any real meaning. For example, in 1904 it was found that discrimination in favour of people who are "residents of and domiciled in Western Australia" was permissible, as the Constitution only prohibited discrimination on the basis of a person's State of residence, not their State of domicile. In the 1989 landmark case ''Street v Queensland Bar Association'', the modern approach to interpretation was developed. The court held that the purpose of the section was national unity, and consequentially, residence should be given a broader meaning. In addition, the court overruled a case in which the historical approach was used. In reaching its conclusion, each of the seven Justices issued a separate opinion. Combining this with the fact that there is little case law referencing s ... [...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 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 over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leeth V Commonwealth
''Leeth v Commonwealth'', is a High Court of Australia case that held that there was no implied right of legal equality in the Australian Constitution. Background The ''Commonwealth Prisoners Act'', (Cth). provided for a non-parole period, which differed depending on which State the prisoner was convicted in. The claim was that the Act authorised the unequal treatment of Commonwealth offenders. Decision Mason CJ, Dawson and McHugh JJ denied that the Constitution contained an implied right to substantive legal equality, and only recognised procedural inequality. Deane and Toohey JJ found an implied right substantive equality, and while Gaudron and Brennan JJ did not agree with Deane and Toohey JJ, they did not disagree either. However, Brennan J did not agre ...[...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Federal Law Review
The ''Federal Law Review'' is a quarterly peer-reviewed law review A law review or law journal is a scholarly journal or publication that focuses on legal issues. A law review is a type of legal periodical. Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also pr ... established in 1964. It is published by the ANU College of Law. It is an A* ranked law review according to the Australian Business Deans Council and Excellence in Research for Australia (ERA) 2010 law journal rankings. It is one of Australia's leading law journals.Russell Smyth, 'Who Publishes in Australia’s Top Law Journals?' 35(1) ''University of New South Wales Law Journal'' 201, 210 The Federal Law Review's General Editor is Dr Stephen Thomson. References External links * Australian law journals Quarterly journals English-language journals Publications established in 1964 {{law-journal-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Melbourne University Law Review
The ''Melbourne University Law Review'' is a triannual law journal published by a student group at Melbourne Law School covering all areas of law. It is one of two student-run law journals at the University of Melbourne, the other being the ''Melbourne Journal of International Law''. Students who have completed at least one semester of law are eligible to apply for membership of the editorial board. Applicants are assessed on the basis of their performance in a practical exercise, academic aptitude, proofreading skills, editing skills and enthusiasm. The 2022 editors-in-chief are Daniel Beratis, Danielle Feng and Deylan Kilic-Aidani. Occasionally, the journal produces a symposium issue devoted to a particular aspect of law. Past symposium issues have focused on the centenary of the federation of Australia, contemporary human rights in Australia, and tort law. The Review's alumni include two High Court Justices, three Solicitors-General, five Federal Court judges and at leas ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Queensland
The Supreme Court of Queensland is the highest court in the Australian State of Queensland. It was formerly the Brisbane Supreme Court, in the colony of Queensland. The original jurisdiction of the Supreme Court allows its trial division to hear civil matters involving claims of more than 750,000; criminal matters involving serious offences (including murder and manslaughter); and matters arising under the '' Corporations Act 2001'' (Cth) and cross-vesting legislation. A jury decides whether the defendant is guilty or not guilty. The division also hears all civil matters involving amounts of more than 750,000. A jury may decide these disputes. The appellate jurisdiction of the Supreme Court allows its Court of Appeal to hear cases on appeal from the District Court, the trial division of the Supreme Court, and a number of other judicial tribunals in Queensland. Decisions made by the Supreme Court may be taken on appeal to the High Court of Australia in Canberra only by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Queensland Reports
Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the '' Australian Guide to Legal Citation'', published jointly by the '' Melbourne University Law Review'' and the '' Melbourne Journal of International Law''. {{DEFAULTSORT:Law Reports in Australia List of Law Reports in Australia Law reports covering the decisions of Australian Courts are collections of decisions by particulars courts, subjects or jurisdictions. A widely used guide to case citation in Australia is the ''Australian Guide to Legal Citation'', published ... Case law reporters Australian law-related lists ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Re Loubie
Re Loubie,''Re Loubie'' 9861 Qd R 272, Supreme Court (Qld). was a 1986 case involving a breach of section 117 of the Australian constitution by legislation of the state of Queensland. S. 117 provides protection from discrimination on the basis of inter-state residence: :A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State. Case facts Loubie was a resident of the state of New South Wales. In Sydney he bought five bags of heroin weighing 138.14 grams for $25,000. He was intending to sell the drugs in Brisbane for a personal profit of around $5,000 to $7,500. After the purchase of the heroin he bought three plane tickets, under false names, to travel to Brisbane with two accomplices, one of whom was a woman who carried the drugs. All three were apprehended by police after they left Brisbane airpo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian National University
The Australian National University (ANU) is a public research university located in Canberra, the capital of Australia. Its main campus in Acton encompasses seven teaching and research colleges, in addition to several national academies and institutes. ANU is regarded as one of the world's leading universities, and is ranked as the number one university in Australia and the Southern Hemisphere by the 2022 QS World University Rankings and second in Australia in the '' Times Higher Education'' rankings. Compared to other universities in the world, it is ranked 27th by the 2022 QS World University Rankings, and equal 54th by the 2022 '' Times Higher Education''. In 2021, ANU is ranked 20th (1st in Australia) by the Global Employability University Ranking and Survey (GEURS). Established in 1946, ANU is the only university to have been created by the Parliament of Australia. It traces its origins to Canberra University College, which was established in 1929 and was integrated ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Michael McHugh (judge)
Michael Hudson McHugh (born 1 November 1935) is a former justice of the High Court of Australia; the highest court in the Australian court hierarchy. Early years The son of a miner and steelworker, McHugh left school at 15 despite excelling academically and in rugby league at Marist Brothers, Newcastle. For the next seven years, he worked as a telegram boy, crane chaser, sawmill worker and labourer until he enrolled at evening school. At 22, with his Leaving Certificate in hand, he started studying law as a student-at-law with the Legal Profession Admission Board and taught by the University of Sydney. Legal career McHugh was admitted to the New South Wales Bar in 1961 after taking the Barristers Admission Board Examinations. He was appointed Queen's Counsel (QC) in 1973 and was Vice President of the New South Wales Bar Association, 1978–81, and later President, 1981–83. In 1980, he was counsel for Wyong Shire Council in '' Wyong Shire Council v Shirt'', a landmark ne ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Daryl Dawson
Sir Daryl Michael Dawson, (born 12 December 1933) is a former Australian judge who served as a Justice of the High Court of Australia from 1982 to 1997. Before being appointed to the High Court, he served for periods as a legal officer in the Royal Australian Navy and as Solicitor-General of Victoria. Early life and education Dawson was born in Melbourne but raised in Canberra, where he attended Canberra High School. He completed his undergraduate education at the University of Melbourne, living at Ormond College and received a Bachelor of Laws with honours. He later completed a Master of Laws at Yale University on a Fulbright Scholarship. Career Legal career Dawson was admitted to the Victorian Bar in 1957 (and later to the Tasmanian Bar in 1972). In the 1960s, he served as a commander in the Royal Australian Navy's legal service in Melbourne, holding the rank of lieutenant commander in the Naval Reserve. He was appointed a Queen's Counsel in 1971, and served as the Solicitor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Anthony Mason (judge)
Sir Anthony Frank Mason HonFAIB DistFRSN (born 21 April 1925) is an Australian judge who served as the ninth Chief Justice of Australia, in office from 1987 to 1995. He was first appointed to the High Court in 1972, having previously served on the Supreme Court of New South Wales. Education Raised in Sydney, Mason was a student at Sydney Grammar School. During World War II, he served in the Royal Australian Air Force, holding the rank of Flying Officer. After the war, Mason studied at the University of Sydney, graduating with the degrees of Bachelor of Arts and Bachelor of Laws. Mason articled at Clayton Utz, where he met his wife, Patricia. Legal career Mason was admitted to the New South Wales Bar. For five years he lectured in law at the University of Sydney, his students including three future High Court Justices, Mary Gaudron, William Gummow and Dyson Heydon. In November 1964, aged 39, Mason was announced as the new Solicitor-General of Australia, with an accom ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
William Deane
Sir William Patrick Deane (born 4 January 1931) is an Australian barrister and jurist who served as the 22nd governor-general of Australia, in office from 1996 to 2001. He was previously a Justice of the High Court of Australia from 1982 to 1995. Deane received his undergraduate education at the University of Sydney, and later studied international law at The Hague Academy of International Law in the Netherlands. Prior to joining the judiciary, Deane worked for periods as a barrister and university lecturer. He was appointed to the Supreme Court of New South Wales in 1977, and later that year was also appointed to the Federal Court of Australia. Deane was elevated to the High Court in 1982, and during his tenure was generally considered to fall on the court's progressive side. He retired from the court in 1995, and the following year was appointed governor-general on the recommendation of Paul Keating. Deane had a low profile during his five-year term, facing no major constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
