Ruddock V Vadarlis
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Ruddock V Vadarlis
''Ruddock v Vadarlis'' (also known as the Tampa case) was an Australian court case decided in the Federal Court of Australia on 18 September 2001.. It concerned the actions of the Government of Australia in preventing asylum seekers aboard the Norwegian cargo vessel MV ''Tampa'' from entering Australia in late August 2001 (see Tampa affair). The Victorian Council for Civil Liberties (now Liberty Victoria), and solicitor Eric Vadarlis, were seeking a writ of habeas corpus (an order for the asylum seekers to be released). The case is significant because it is one of the few cases to consider the nature and scope of the prerogative power of the executive branch of Government in Australia. Background to the case Executive power One of the key issues in the case, both at trial and on appeal, was the nature of the executive power of government. There are several sources of executive power, but the source in consideration in this case was the prerogative power of government. The conce ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdicti ...
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The Crown
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their subdivisions (such as the Crown Dependencies, overseas territories, provinces, or states). Legally ill-defined, the term has different meanings depending on context. It is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of their realms (whereas the monarchy of the United Kingdom and the monarchy of Canada, for example, are distinct although they are in personal union). It can also refer to the rule of law; however, in common parlance 'The Crown' refers to the functions of government and the civil service. Thus, in the United Kingdom (one of the Commonwealth realms), the government of the United Kingdom can be distinguished from the Crown and the state, in precise usage, although the distinction is not always relevant in broad or casual usage. A corporation sole, the Crown is the legal embodiment of execut ...
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States And Territories Of Australia
The states and territories are federated administrative divisions in Australia, ruled by regional governments that constitute the second level of governance between the federal government and local governments. States are self-governing polities with incomplete sovereignty (having ceded some sovereign rights to federation) and have their own constitutions, legislatures, departments, and certain civil authorities (e.g. judiciary and law enforcement) that administer and deliver most public policies and programs. Territories can be autonomous and administer local policies and programs much like the states in practice, but are still constitutionally and financially subordinate to the federal government and thus have no true sovereignty. The Federation of Australia constitutionally consists of six federated states (New South Wales, Queensland, South Australia, Tasmania, Victoria, and Western Australia) and ten federal territories,Section 2B, Acts Interpretation Act 1901 out of ...
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Christmas Island
Christmas Island, officially the Territory of Christmas Island, is an Australian external territory comprising the island of the same name. It is located in the Indian Ocean, around south of Java and Sumatra and around north-west of the closest point on the Australian mainland. It lies northwest of Perth and south of Singapore. It has an area of . Christmas Island had a population of 1,692 residents , the majority living in settlements on the northern edge of the island. The main settlement is Flying Fish Cove. Historically, Asian Australians of Chinese, Malay, and Indian descent formed the majority of the population. Today, around two-thirds of the island's population is estimated to have Straits Chinese origin (though just 22.2% of the population declared a Chinese ancestry in 2021), with significant numbers of Malays and European Australians and smaller numbers of Straits Indians and Eurasians. Several languages are in use, including English, Malay, and various ...
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International Waters
The terms international waters or transboundary waters apply where any of the following types of bodies of water (or their drainage basins) transcend international boundaries: oceans, large marine ecosystems, enclosed or semi-enclosed regional seas and estuaries, rivers, lakes, groundwater systems (aquifers), and wetlands. "International waters" is not a defined term in international law. It is an informal term, which sometimes refers to waters beyond the "territorial sea" of any country. In other words, "international waters" is sometimes used as an informal synonym for the more formal term high seas or, in Latin, ''mare liberum'' (meaning ''free sea''). International waters (high seas) do not belong to any state's jurisdiction, known under the doctrine of 'mare liberum'. States have the right to fishing, navigation, overflight, laying cables and pipelines, as well as scientific research. The Convention on the High Seas, signed in 1958, which has 63 signatories, defined "hi ...
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Afghanistan
Afghanistan, officially the Islamic Emirate of Afghanistan,; prs, امارت اسلامی افغانستان is a landlocked country located at the crossroads of Central Asia and South Asia. Referred to as the Heart of Asia, it is bordered by Pakistan to the Durand Line, east and south, Iran to the Afghanistan–Iran border, west, Turkmenistan to the Afghanistan–Turkmenistan border, northwest, Uzbekistan to the Afghanistan–Uzbekistan border, north, Tajikistan to the Afghanistan–Tajikistan border, northeast, and China to the Afghanistan–China border, northeast and east. Occupying of land, the country is predominantly mountainous with plains Afghan Turkestan, in the north and Sistan Basin, the southwest, which are separated by the Hindu Kush mountain range. , Demographics of Afghanistan, its population is 40.2 million (officially estimated to be 32.9 million), composed mostly of ethnic Pashtuns, Tajiks, Hazaras, and Uzbeks. Kabul is the country's largest city and ser ...
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Constitutional Convention (political Custom)
A constitutional convention is an informal and uncodified tradition that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most government functions are guided by constitutional convention rather than by a formal written constitution. In these states, actual distribution of power may be markedly different from those the formal constitutional documents describe. In particular, the formal constitution often confers wide discretionary powers on the head of state that, in practice, are used only on the advice of the head of government, and in some cases not at all. Some constitutional conventions operate separately from or alongside written constitutions, such as in Canada since the country was formed with the enactment of the Constitution Act, 1867. In others, notably the United Kingdom, which lack a single overarching constitu ...
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Governor-General Of Australia
The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Governor-General of the Commonwealth of Australiaofficial website
Retrieved 1 January 2015.
The governor-general is appointed by the monarch on the recommendation of government ministers. The governor-general has formal presidency over the Federal Executive Council and is commander-in-chief of the Australian Defence Force. ...
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Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ...
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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 a ...
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Tony Blackshield
Tony may refer to: People and fictional characters * Tony (given name), including a list of people and fictional characters * Gregory Tony (born 1978), American law enforcement officer * Motu Tony (born 1981), New Zealand international rugby league footballer * Tony (footballer, born 1983), full name Tony Heleno da Costa Pinho, Brazilian football defensive midfielder * Tony (footballer, born 1986), full name Antônio de Moura Carvalho, Brazilian football attacking midfielder * Tony (footballer, born 1989), full name Tony Ewerton Ramos da Silva, Brazilian football right-back Film, theater and television * Tony Awards, a Broadway theatre honor * ''Tony'' (1982 film), a Kannada film * ''Tony'' (2009 film), a British horror film directed by Gerard Johnson * ''Tony'' (2013 film), an Indian Kannada thriller film * "Tony" (''Skins'' series 1), an episode of British comedy-drama ''Skins'' * "Tony" (''Skins'' series 2), an episode of ''Skins'' Music * Tony T., stage name of British s ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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