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Gerard Brennan
Sir Francis Gerard Brennan (22 May 1928 – 1 June 2022) was an Australian lawyer and jurist who served as the 10th Chief Justice of Australia. As a judge in the High Court of Australia, he wrote the lead judgement on the Mabo decision, which gave rise to the Native Title Act. Early life and education Brennan was born on May 22, 1928 in Rockhampton, Queensland. He was the son of Frank Tenison Brennan, a Labor Party politician, lawyer and judge of the Supreme Court of Queensland. He was raised as, and continued to be, a Catholic and has said: "Egalitarianism, tolerance and the respect for conscience are the practical manifestations of faith, hope and charity." Career Prime Minister Malcolm Fraser appointed Brennan to the court in 1981. As a High Court judge, Brennan wrote the lead judgement on the Mabo decision, which overturned the doctrine of '' terra nullius'' used to justify the Crown's sovereignty over Australia, replacing it with the doctrine of native tit ...
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The Honourable
''The Honourable'' (British English) or ''The Honorable'' ( American English; see spelling differences) (abbreviation: ''Hon.'', ''Hon'ble'', or variations) is an honorific style that is used as a prefix before the names or titles of certain people, usually with official governmental or diplomatic positions. Use by governments International diplomacy In international diplomatic relations, representatives of foreign states are often styled as ''The Honourable''. Deputy chiefs of mission, , consuls-general and consuls are always given the style. All heads of consular posts, whether they are honorary or career postholders, are accorded the style according to the State Department of the United States. However, the style '' Excellency'' instead of ''The Honourable'' is used for ambassadors and high commissioners. Africa The Congo In the Democratic Republic of the Congo, the prefix 'Honourable' or 'Hon.' is used for members of both chambers of the Parliament of the Democratic R ...
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Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the largest Christian church, with 1.3 billion baptized Catholics worldwide . It is among the world's oldest and largest international institutions, and has played a prominent role in the history and development of Western civilization. O'Collins, p. v (preface). The church consists of 24 ''sui iuris'' churches, including the Latin Church and 23 Eastern Catholic Churches, which comprise almost 3,500 dioceses and eparchies located around the world. The pope, who is the bishop of Rome, is the chief pastor of the church. The bishopric of Rome, known as the Holy See, is the central governing authority of the church. The administrative body of the Holy See, the Roman Curia, has its principal offices in Vatican City, a small enclave of the Italian city of Rome, of which the pope is head of state. The core beliefs of Catholicism are found in the Nicene Creed. The Catholic Church teaches that it is the ...
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Frank Brennan (priest)
Frank Tenison Brennan SJ AO (born 6 March 1954) is an Australian Jesuit priest, human rights lawyer and academic. He is known for his 1998 involvement in the Wik debate when Paul Keating called him "the meddling priest" and the National Trust classified him as a Living National Treasure. Brennan has a longstanding reputation of advocacy in the areas of law, social justice, refugee protection, Aboriginal reconciliation and human rights activism. Early life and education Brennan is the first born son of Sir Gerard Brennan, a former chief justice of the High Court of Australia and Patricia O'Hara, an anaesthestist. Brennan is a fourth generation Australian. He is of Irish descent on both sides of his family and has German ancestry from his paternal grandmother. Brennan studied at Downlands College in Toowoomba, and at the University of Queensland where he graduated with honours in arts and law. He then studied at the Melbourne College of Divinity, where he graduated, aga ...
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Murugappan Family Asylum Claims
The Murugappan family, also known as the Nadesalingam family, consists of Nadesalingam Murugappan (Nades), his wife Kokilapathmapriya Nadesalingam (Priya) and their two daughters. They are Sri Lankan Tamils seeking asylum in Australia. The couple married in Australia after arriving separately on people smuggler boats; their children were subsequently born in Australia. Until their detention by the Australian Border Force in March 2018, the family, which was resident in the central Queensland town of Biloela, was consequently referred to as the Biloela family by some media. The cause of the couple and their children has been supported by some residents of Biloela as well as asylum-seeker advocates. The Australian federal government of the time assessed them not to be refugees and, consequently, detained and sought to remove them. Following the Labor government win in the 2022 federal election, the family was granted bridging visas to allow them to return to Biloela, and subseque ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China (abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resumed after th ...
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University Of New South Wales
The University of New South Wales (UNSW), also known as UNSW Sydney, is a public research university based in Sydney, New South Wales, Australia. It is one of the founding members of Group of Eight, a coalition of Australian research-intensive universities. Established in 1949, UNSW is a research university, ranked 44th in the world in the 2021 ''QS World University Rankings'' and 67th in the world in the 2021 ''Times Higher Education World University Rankings''. It is one of the members of Universitas 21, a global network of research universities. It has international exchange and research partnerships with over 200 universities around the world. According to the 2021 QS World University Rankings by Subject, UNSW is ranked top 20 in the world for Law, Accounting and Finance, and 1st in Australia for Mathematics, Engineering and Technology. UNSW is also one of the leading Australian universities in Medicine, where the median ATAR (Australian university entrance examination ...
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University Of Technology Sydney
The University of Technology Sydney (UTS) is a public research university located in Sydney, New South Wales, Australia. Although its origins are said to trace back to the 1830s, the university was founded in its current form in 1988. As of 2021, UTS enrols 45,221 students through its 9 faculties and schools. The university is regarded as one of the world's leading young universities (under 50 years old), ranked 1st in Australia and 11th in the world by the 2021 QS World University Rankings Young Universities. UTS is a founding member of the Australian Technology Network, and is a member of Universities Australia and the Worldwide Universities Network. History The University of Technology Sydney originates from the Sydney Mechanics' School of Arts (the oldest continuously running Mechanics' Institute in Australia), which was established in 1833. In the 1870s, the School formed the Workingman's College, which was later taken over by the NSW government to form, in 1882, the ...
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Hong Kong Court Of Final Appeal
The Hong Kong Court of Final Appeal (HKCFA or CFA) is the final appellate court of Hong Kong. It was established on 1 July 1997, upon the establishment of the Hong Kong Special Administrative Region, replacing the Judicial Committee of the Privy Council as the highest judicial institution under Hong Kong law. As defined in Articles 19 and 85 of the Basic Law of Hong Kong, the Court of Final Appeal "exercises judicial power in the Region independently and free from any interference." The Hong Kong Court of Final Appeal Ordinance and the Hong Kong Court of Final Appeal Rules set out the detailed functions and procedures of the court. The court meets in the Court of Final Appeal Building located in Central, Hong Kong. Role of the court From the 1840s to 30 June 1997, Hong Kong was a British Dependent Territory, and the power of final adjudication on the laws of Hong Kong was vested in the Judicial Committee of the Privy Council in London. The power to exercise soverei ...
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Equitable Estoppel
Estoppel is a judicial device in common law legal systems whereby a court may prevent or "estop" a person from making assertions or from going back on his or her word; the person being sanctioned is "estopped". Estoppel may prevent someone from bringing a particular claim. Legal doctrines of estoppel are based in both common law and equity. It is also a concept in international law. Types of estoppel There are many different types of estoppel which can arise, but the common thread between them is that a person is restrained from asserting a particular position in law where it would be inequitable to do so. By way of illustration: * If a landlord promises the tenant that he will not exercise his right to terminate a lease, and relying upon that promise the tenant spends money improving the premises, the doctrine of ''promissory estoppel'' may prevent the landlord from exercising a right to terminate, even though his promise might not otherwise have been legally binding as a cont ...
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Waltons Stores (Interstate) Ltd V Maher
''Waltons Stores (Interstate) Ltd v Maher'',. is a leading case in Australian contract law. The Australian High Court decided that estoppel, in certain circumstances could be a cause of action. Facts Maher owned some property with buildings on it in Nowra. He was negotiating with a department store company called Waltons Stores (at the time controlled by the Bond Corporation) for a lease of the land. They wanted an existing building to be demolished and a new one erected. In reliance on representations made before a contract was completed, Maher demolished the building and started to erect a new one. But the contract never came to completion because Waltons Stores did not sign the lease as Maher had yelled at them and become hostile towards them. Waltons told their solicitors to slow the deal while they did further investigations as to whether the transaction would be good business, but allowed Maher to remain under the impression that the deal would be completed. Judgment Th ...
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Aboriginal Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary interna ...
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Colonisation Of Australia
Colonization, or colonisation, constitutes large-scale population movements wherein migrants maintain strong links with their, or their ancestors', former country – by such links, gain advantage over other inhabitants of the territory. When colonization takes place under the protection of colonial structures, it may be termed settler colonialism. This often involves the settlers dispossessing indigenous inhabitants, or instituting legal and other structures which disadvantage them. Colonization can be defined as a process of establishing foreign control over target territories or peoples for the purpose of cultivation, often by establishing colonies and possibly by settling them. In colonies established by Western European countries in the Americas, Australia, and New Zealand, settlers (supplemented by Central European, Eastern European, Asian, and African people) eventually formed a large majority of the population after assimilating, warring with, or driving away ind ...
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