Deakin V Webb
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Deakin V Webb
''Deakin v Webb'' was one of a series of cases concerning whether the States could tax the income of a Commonwealth officer. The High Court of Australia overruled a decision of the Supreme Court of Victoria, holding that the States could not tax the income of a Commonwealth officer. This resulted in conflict with the Privy Council that was ultimately resolved by the passage of Commonwealth law in 1907 to permit the States to tax the income of a Commonwealth officer. The constitutional foundation of the decision was overturned by the subsequent decision of the High Court in the 1920 ''Engineers' Case''. Background The ability of a state to tax the income of a Commonwealth officer was one of the "constitutional loose ends" about the nature of the federal system and the legislative powers of the new Commonwealth that remained unresolved following the debates in the constitutional conventions. The High Court and the Privy Council One of the issues debated in the drafting of the C ...
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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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Department Of Trade And Customs (Australia)
The Department of Trade and Customs was an Australian government department that existed between 1901 and 1956. It was one of the inaugural government departments of Australia established at federation. History The department was one of the first seven Commonwealth Government departments to be established in the Federation year, 1901. The first head of the department was Harry Wollaston, appointed in 1901. In that first year, Wollaston and Charles Kingston worked closely together in drafting legislation and the first Commonwealth customs tariff. In 1956, the department was abolished and most of its functions were split between the Department of Customs and Excise and the Department of Trade. Scope Information about the department's functions and/or government funding allocation could be found in the Administrative Arrangements Orders, the annual Portfolio Budget Statements and in the department's annual reports. By 1906 the department was responsible for: *bounties; *copyrig ...
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Minister For Home Affairs (Australia)
The Minister for Home Affairs in the Government of Australia is the minister responsible for the Department of Home Affairs, the country's interior ministry. The current minister is Clare O'Neil of the Labor Party, who has held the position since 1 June 2022 in the Albanese ministry. The current Department of Home Affairs was created in December 2017. The first department with that name was created in 1901, as one of the original six departments created at Federation, and was responsible for a wide range of areas not captured by the other departments. Similar departments have existed in almost all subsequent governments, under several different names. The specific title "Minister for Home Affairs" has been created six times – in 1901, 1929, 1977, 1987, 2007 and 2017. History The Minister for Home Affairs was a ministerial portfolio that existed continuously from 1901 to 12 April 1932, when Archdale Parkhill became Minister for the Interior in the first Lyons Ministry— ...
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Division Of Hume
The Division of Hume is an Australian electoral division in the state of New South Wales. Geography Since 1984, federal electoral division boundaries in Australia have been determined at redistributions by a redistribution committee appointed by the Australian Electoral Commission. Redistributions occur for the boundaries of divisions in a particular state, and they occur every seven years, or sooner if a state's representation entitlement changes or when divisions of a state are malapportioned. History The division was proclaimed in 1900, and was one of the original 65 divisions to be contested at the first federal election. The division was named after Hamilton Hume, one of the first Europeans to travel through the area. The division is located in the central part of the state, north of the Australian Capital Territory. The division covers a large rural and regional area, with agriculture being the main industry. It also includes a portion of outer Sydney suburbs at its ...
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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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Division Of Ballarat
The Division of Ballarat (spelt Ballaarat from 1901 until the 1977 election) is an Australian electoral division in the state of Victoria. The division was proclaimed in 1900, and was one of the original 65 divisions to be contested at the first federal election. It was named for the provincial city of the same name by Scottish squatter Archibald Yuille, who established the first settlement − his sheep run called Ballaarat − in 1837, with the name derived from a local Wathawurrung word for the area, ''balla arat'', thought to mean "resting place". The division currently takes in the regional City of Ballarat and the smaller towns of Bacchus Marsh, Ballan, Blackwood, Buninyong, Clunes, Creswick, Daylesford, Myrniong and Trentham and part of Burrumbeet. The current Member for Ballarat, since the 2001 federal election, is Catherine King, a member of the Australian Labor Party. Geography Since 1984, federal electoral division boundaries in Australia have been determ ...
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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 ...
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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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Constitutional Convention (Australia)
In Australian history, the term Constitutional Convention refers to four distinct gatherings. 1891 convention The 1891 Constitutional Convention was held in Sydney in March 1891 to consider a draft Frame of Government for the proposed federation of the British colonies in Australia and New Zealand. There were 46 delegates at the Convention, chosen by the seven colonial parliaments. Among the delegates was Sir Henry Parkes, known as the "Father of Federation". The Convention approved a draft largely written by Andrew Inglis Clark from Tasmania and Samuel Griffith from Queensland, but the colonial parliaments failed to act to give effect to it. 1897–1898 convention The next constitutional convention – the Australasian Federal Convention – was held in stages in 1897–98. Unlike the first convention, the delegates from New South Wales, Victoria, South Australia and Tasmania were elected by popular vote. (The delegates of Western Australia were chosen by its parliament). It me ...
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Peterswald V Bartley
''Peterswald v Bartley'' . is an early High Court of Australia case that dealt with section 90 of the Australian Constitution, which prohibits States from levying excise. Background Bartley was a brewer of beer at Cootamundra in the state of New South Wales. He had a licence under the Commonwealth ''Beer Excise Act'' 1901 however he didn't have a licence under the NSW ''Liquor Act 1898''. Sergeant Peterswald was a police officer and District Licensing Inspector and he charged Bartley with carrying on the trade or business of a brewer without holding a licence under the NSW Act and the issue concerned the payment of a licence fee. The Police Magistrate upheld Bartley's contention that the licence fee was an excise duty and that the effect of section 90 of the Australian Constitution was that the state Act ceased to have effect once the Commonwealth imposed uniform customs duties. Peterswald appealed to the Supreme Court of NSW, where the Sergeant was represented by the then ...
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Constitution Act, 1867
The ''Constitution Act, 1867'' (french: Loi constitutionnelle de 1867),''The Constitution Act, 1867'', 30 & 31 Victoria (U.K.), c. 3, http://canlii.ca/t/ldsw retrieved on 2019-03-14. originally enacted as the ''British North America Act, 1867'' (BNA Act), is a major part of the Constitution of Canada. The act created a federation, federal dominion and defines much of the operation of the Government of Canada, including its Canadian federalism, federal structure, the House of Commons of Canada, House of Commons, the Senate of Canada, Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the Parliament of the United Kingdom, British Parliament, including this Act, were renamed. Although, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control ove ...
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D'Emden V Pedder
''D'Emden v Pedder''. was a significant Australian court case decided in the High Court of Australia on 26 April 1904. It directly concerned the question of whether salary receipts of federal government employees were subject to state stamp duty, but it touched on the broader issue within Australian constitutional law of the degree to which the two levels of Australian government were subject to each other's laws. The case was the first of several in which the High Court applied the implied intergovernmental immunities doctrine, relied on in the Supreme Court of the United States case of '' McCulloch v. Maryland'','' McCulloch v. Maryland'' which held that the state and Commonwealth governments were normally immune from each other's laws, and which, along with the reserved State powers doctrine, would be a significant feature of Australian constitutional law until both doctrines were rejected in the landmark Engineers' case in 1920. The case is also significant as the first c ...
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