The Australian government gave an undertaking to the High Court on Wednesday that it would not surrender or deliver the asylum seekers detained on an Australian customs vessel on the high seas to Sri Lankan…
Articles on High Court
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Later today, the High Court is due to hear a challenge to the screening and transfer of a boatload of Sri Lankan asylum seekers back to Sri Lankan authorities. Under international law, return of persons…
The High Court has again put the future of the federal government’s school chaplaincy program in jeopardy, confirming its 2012 decision that the Commonwealth’s spending programs must be supported by valid…
The High Court has again ruled unconstitutional the federal funding for school chaplains, casting doubt over the future of a program to which the Abbott government is deeply committed. Queensland father…
This week, the High Court heard Toowoomba man Ron Williams’ second challenge to the constitutionality of the Commonwealth’s funding of the National School Chaplaincy and Student Welfare Program. While…
Have you ever asked yourself why institutions continue to demand that we identify ourselves as male or female on every form? What difference does gender make to my bank account, to the tax office, or to…
Hells Angel Stefan Kuczborski has launched a constitutional challenge to more than a dozen sections of the Newman government’s notorious anti-bikie laws in Queensland. These include the Vicious Lawless…
This week, a lone High Court judge faced a table of 13 barristers to begin resolving the Western Australian Senate election quandary. The hearing took two days and a judgment is likely sooner or later…
The ACT’s Marriage Equality (Same Sex Act) 2013 produced neither a marriage nor equality. Instead it produced inconsistency, leaving the law completely inoperative. Those who exchanged marriage vows last…
This week, the High Court will begin hearing the Commonwealth’s challenge to the ACT’s Marriage Equality (Same Sex) Act 2013. But don’t expect lofty rhetoric about equality; the case is really about the…
Earlier this week, constitutional law academic Michael Stokes predicted the High Court of Australia would overturn new Tasmanian legislation banning anti-abortion lobbyists from protesting within 150 metres…
Earlier this month the High Court indicated it was prepared to hear a legal case that tests the ability of intersex Australians to be legally recognised as being neither male or female. The High Court…
In coming months, the High Court – the highest court in Australia and the final arbiter on the meaning of the Constitution – will decide several high-profile cases. These decisions, which may result in…
There is a good constitutional reason for not allowing politicians to make decisions which result in imprisonment. It’s called the separation of powers and is meant to ensure that politics does not intrude…
People with intellectual disabilities who are found to be “unfit to plead” are still locked away for years on end in Western Australia. Similarly, in the Northern Territory, this detention occurs in prison…
Australia lacks a national bill of rights and the many attempts over the years to adopt one have failed. But Australia already has a raft of human rights laws, including many anti-discrimination acts…
Last week’s Media Watch programme on the ABC discussed the role of the Australian media in the custody case of four Queensland children that has created headlines across the country over the past few months…
The High Court’s decision in the M47 case is likely to be a pyrrhic victory for refugee rights. Last week the High Court ruled that the regulation that allowed the Commonwealth to deny a visa to a refugee…
Much hyperbole has been generated by the recent revelations concerning Sir Anthony Mason’s involvement in the 1975 dismissal, but for the most part it shows ignorance of the past. Earlier this week, The…
This morning Australia’s High Court dismissed the plain tobacco packaging case brought against the Australian government by the world’s largest tobacco companies. The companies had challenged the government’s…
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Professorial Fellow, University of Canberra
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