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Jumbunna Coal Mine NL V Victorian Coal Miners' Association
''Jumbunna Coal Mine NL v Victorian Coal Miners' Association'' is a landmark Australian judgment of the High Court. The matter related to the Commonwealth Government's power to make laws for the conciliation and arbitration of interstate industrial disputes under subsection 51(xxxv) of the Australian Constitution and the incidental power under subsection 51(xxxix), but in reaching a decision set principles on matters of statutory interpretation affecting the Constitution. Background Following strike action across Australia and New Zealand in the 1890s, the Constitution had been drafted to allow the federal government to make laws about the conciliation and arbitration of industrial disputes, but only where such disputes went beyond state boundaries. In 1903 there was industrial action in the Victorian coalfields which lasted for 70 weeks, initially at Outtrim, Victoria before spreading to the nearby Jumbunna Coal Mine in Victoria. Subsequently, the Victorian Coal Miners' ... [...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 overlooking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great value on deciding cases according to consistent principled rules, so that similar facts will yield similar and predictable outcomes, and observance of precedent is the mechanism by which that goal is attained. The principle by which judges are bound to precedents is known as ''stare decisis'' (a Latin phrase with the literal meaning of "to stand in the-things-that-have-been-decided"). Common-law precedent is a third kind of law, on equal footing with statutory law (that is, statutes and codes enacted by legislative bodies) and subordinate legislation (that is, regulations promulgated by executive branch agencies, in the form of delegated legislation) in UK parlance – or regulatory law (in US parlance). Case law, in common-law jurisd ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
McCulloch V
McCulloch is a Scottish surname. It's a variation of the Northern Irish surname McCullough. It's commonly found in Galloway. Notable people with the surname include: * Alan McCulloch (politician), New Zealand politician * Alan McLeod McCulloch (1907–1992), Australian cartoonist, painter, writer, art critic, art historian and gallery director *Allan Riverstone McCulloch (1885–1925), Australian zoologist *Andrew McCulloch (footballer) (fl. 1970-1985), British soccer player *Andrew McCulloch (writer and actor) (born 1945), British television writer and actor *Andrew McCulloch (drummer) (born 1946), British drummer for King Crimson and others * Benjamin McCulloch (1811–1862), American Civil War soldier * Bruce McCulloch (born 1961), Canadian actor and comedian * Derek McCulloch (comics) (born 1964), Canadian writer *Ellen McCulloch (1930–2005), Australian ornithologist and nature writer *Ellen McCulloch-Lovell, American college administrator *Gretchen McCulloch, Canadian Inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Supreme Court
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point of federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." The court holds the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law. However, it may act only within the context of a case in an area of law over which it has jurisdiction. The court may decide cases having political overtones, but has ruled that it does not have power to decide non-justiciable political questions. Established by Article Three of the United State ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Conciliation And Arbitration Act 1904
The ''Commonwealth Conciliation and Arbitration Act 1904'' (Cth) was an Act of the Parliament of Australia, which established the Commonwealth Court of Conciliation and Arbitration, besides other things, and sought to introduce the rule of law in industrial relations in Australia. The Act received royal assent on 15 December 1904. The Act applied to industrial disputes “extending beyond the limits of any one State, including disputes in relation to employment upon State railways, or to employment in industries carried on by or under the control of the Commonwealth or a State or any public authority constituted under the Commonwealth or a State”. The Act was amended many times and was superseded by the ''Industrial Relations Act 1988'' and was repealed by the ''Industrial Relations (Consequential Provisions) Act 1988'' with effect on 1 March 1989. The ''Industrial Relations Act 1988'' was itself replaced by the '' Workplace Relations Act 1996''. Background Constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Williams (lawyer)
George John Williams is an Australian academic specialising in Australian constitutional law and the Deputy Vice-Chancellor of Planning and Assurance at the University of New South Wales. He was formerly the Dean of the Law Faculty. At UNSW he also holds the title of Anthony Mason Professor of Law and Scientia Professor. He is also an Australian Research Council Laureate Fellow. Williams is a public commentator on public law issues, and writes a regular column in the '' Sydney Morning Herald''. Early life and education Williams was born in Queenstown, a mining town in Tasmania, to father John Williams, an economic historian and unionist, and mother Shirley Murphy, an academic specialising in tax law at Macquarie University. Williams' family moved to Sydney when he was a young child, and he attended St Ives High School. Williams was educated at Macquarie University where he graduated with a Bachelor of Economics and a Bachelor of Laws with first-class Honours. He also ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Ultra Vires
('beyond the powers') is a Latin phrase used in law to describe an act which requires legal authority but is done without it. Its opposite, an act done under proper authority, is ('within the powers'). Acts that are may equivalently be termed "valid", and those that are termed "invalid". Legal issues relating to can arise in a variety of contexts: * Companies and other legal persons sometimes have limited legal capacity to act, and attempts to engage in activities beyond their legal capacities may be . Most countries have restricted the doctrine of in relation to companies by statute. * Similarly, statutory and governmental bodies may have limits upon the acts and activities which they legally engage in. * Subordinate legislation which is purported passed without the proper legal authority may be invalid as beyond the powers of the authority which issued it. Corporate law In corporate law, describes acts attempted by a corporation that are beyond the scope of pow ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
No Liability
A no-liability company in Australia (suffix NL) is a company which, under the Corporations Act 2001 (Cth), must have as its stated objects that it is solely a mining company and that it is not entitled to calls on the unpaid issue price of shares. It is a company which is restricted to mining activities and is the only sort of corporation which is entitled to this form of liability, given the sometimes financially risky business of mining. Most of the usual rules in the Act apply to no-liability companies, save that a mining company must adopt a constitution which states their objects as mining. No-liability companies should not be confused with the concept of limited liability Limited liability is a legal status in which a person's financial liability is limited to a fixed sum, most commonly the value of a person's investment in a corporation, company or partnership. If a company that provides limited liability to it .... No-liability companies are differentiated from othe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trade Union
A trade union (labor union in American English), often simply referred to as a union, is an organization of workers intent on "maintaining or improving the conditions of their employment", ch. I such as attaining better wages and benefits (such as holiday, health care, and retirement), improving working conditions, improving safety standards, establishing complaint procedures, developing rules governing status of employees (rules governing promotions, just-cause conditions for termination) and protecting the integrity of their trade through the increased bargaining power wielded by solidarity among workers. Trade unions typically fund their head office and legal team functions through regularly imposed fees called ''union dues''. The delegate staff of the trade union representation in the workforce are usually made up of workplace volunteers who are often appointed by members in democratic elections. The trade union, through an elected leadership and bargaining committee ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victorian Law Reports
The Victorian Reports (VR) are a series of law reports which report significant cases from the Supreme Court of Victoria in its first decisions and appeal decisions jurisdiction Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Ju ...s. The reports were initially titled the Victorian Law Reports (VLR) (1875 to 1956), before adopting their present title in 1957. Earlier equivalent reports, published between 1847 and 1851, had been known as "Williams practice cases" and "A'Beckett's reserved judgments". In 2016, Little William Bourke commenced publishing the Victorian Reports. The new portal contains both the VRs and the VLRs (1875 to date) in a searchable format. See also * List of Law Reports in Australia References Supreme Court of Victoria Case law reporters {{Aust ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The Argus (Melbourne)
''The Argus'' was an Australian daily morning newspaper in Melbourne from 2 June 1846 to 19 January 1957, and was considered to be the general Australian newspaper of record for this period. Widely known as a conservative newspaper for most of its history, it adopted a left-leaning approach from 1949. ''The Argus''s main competitor was David Syme's more liberal-minded newspaper, '' The Age''. History The newspaper was originally owned by William Kerr, who was also Melbourne's town clerk from 1851–1856 and had been a journalist at the '' Sydney Gazette'' before moving to Melbourne in 1839 to work on John Pascoe Fawkner's newspaper, the ''Port Phillip Patriot''. The first edition was published on 2 June 1846. The paper soon became known for its scurrilous abuse and sarcasm, and by 1853, after he had lost a series of libel lawsuits, Kerr was forced to sell the paper's ownership to avoid financial ruin. The paper was then published by Edward Wilson. By 1855, it had a daily ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jumbunna, Victoria
Jumbunna is a town in South Gippsland, Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Columbia, provincial capital of British Columbia, Canada * Victoria (mythology), Roman goddess of Victory * Victoria, Seychelle ..., Australia. The name is taken from the eastern Kulin language of the Bunnerong tribe and means "a place to meet and talk". Today the community of Jumbunna consists of 13 houses and about 30 residents in the township and 29 houses and 50 residents in the surrounding rural area. Farming (mainly in fat lamb, beef and dairy industries) continues and is now complemented by a diverse range of small businesses. History Jumbunna was once a thriving coal mining township. Land was opened up for selection in 1878. The Jumbunna Coal Company was registered in 1890, after T.W. Horsley discovered a seam in the area. The Company began operations in 1894. A Jumbunna Post Office opened on 1 M ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
