At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages.
Defamation is the oral or written communication of a false statement about another that unjustly harms their reputation and usually constitutes a tort or crime. In several countries, including South Korea, a true statement can also be considered defamation.
A strategic lawsuit against public participation (SLAPP), SLAPP suit, or intimidation lawsuit is intended to censor, intimidate, and silence critics by burdening them with the cost of a legal defense until they abandon their criticism or opposition.
Although Australia is considered to have, in general, both freedom of speech and a free and independent media, certain subject-matter is subject to various forms of government censorship. These include matters of national security, judicial non-publication or suppression orders, defamation law, the federal Racial Discrimination Act 1975 (Cth), film and literature classification, and advertising restrictions.
Michael Donald Kirby is an Australian jurist and academic who is a former Justice of the High Court of Australia, serving from 1996 to 2009. He has remained active in retirement; in May 2013 he was appointed by the United Nations Human Rights Council to lead an inquiry into human rights abuses in North Korea, which reported in February 2014.
Ian David Francis Callinan AC QC is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.
George Henry Brandis is an Australian diplomat and former politician who has been the Australian High Commissioner to the United Kingdom since May 2018. He previously served as a Senator for Queensland between 2000 and 2018, representing the Liberal Party, and was a minister in the Howard, Abbott, and Turnbull Governments.
The Australian migration zone is a legal device created by the Australian government for the purpose of Australia's visa policy and immigration policy, as the territory in which Australia’s visa policy applies. The Australian migration zone covers such Australian controlled territories as the government may determine. Prior to 2001, the Australian migration zone consisted of the mainland, and some external territories. Norfolk Island, for example, was not part of the Australian migration zone until 2016. Under Australia’s universal visa policy, a non-citizen must hold an Australian visa within the Australian migration zone. Without such a visa, or a bridging visa, the non-citizen is an unlawful non-citizen and treated as an "unauthorised arrival". However, the main impact of the migration zone is that unauthorised arrivals outside the zone have very limited access for review by Australian courts.
The 1913 Australian referendum was held on 31 May 1913. It contained six referendum questions and was held in conjunction with the 1913 federal election.
WorkChoices was the name given to changes made to the federal industrial relations laws in Australia by the Howard Government in 2005, being amendments to the Workplace Relations Act 1996 by the Workplace Relations Amendment Act 2005, sometimes referred to as the Workplace Relations Amendment Act 2005, that came into effect on 27 March 2006.
Australian administrative law defines the extent of the powers and responsibilities held by administrative agencies of Australian governments. It is basically a common law system, with an increasing statutory overlay that has shifted its focus toward codified judicial review and to tribunals with extensive jurisdiction.
Australian Communist Party v The Commonwealth, also known as the Communist Party Case, was a legal case in the High Court of Australia in 1951 in which the court declared the Communist Party Dissolution Act 1950 unconstitutional and invalid as being beyond the power of the Parliament. Notable Australian academic George Winterton described the case as "undoubtedly one of the High Court's most important decisions."
Plaintiff S157/2002 v Commonwealth, also known as 'S157', is a decision of the High Court of Australia.
Morrison v. National Australia Bank, 561 U.S. 247 (2010), was a United States Supreme Court case concerning the extraterritorial effect of U.S. securities legislation. Morrison extinguished two species of securities class-action claims that had proliferated in preceding years: "foreign-cubed" claims, in which foreign plaintiffs sued foreign issuers for losses on transactions on foreign exchanges, and "foreign-squared" claims, brought by domestic plaintiffs against foreign issuers for losses on transactions on foreign exchanges.
Plaintiff M70 is a decision by the High Court of Australia. The lawsuit concerned an injunction sought by multiple Afghan asylum seekers against immigration minister Chris Bowen. The injunction was to prevent Bowen from deporting the plaintiffs to Malaysia, pursuant to s198A of the Migration Act. The purpose of the deportation was to avoid their asylum application from being assessed by Australia.
Minister for Immigration and Citizenship v SZMDS, is a landmark Australian judgment of the High Court. The matter related to immigration law, jurisdictional error and illogicality as a ground of judicial review.
The Migration Act 1958 is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system. Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons."
Same-sex marriage in Puerto Rico, which is an unincorporated territory of the United States, has been legal since July 13, 2015, as a result of the U.S. Supreme Court's decision in Obergefell v. Hodges on June 26, 2015, which held bans on same-sex marriage unconstitutional. Same-sex couples could begin applying for marriage licenses on July 13, 2015. On July 17, 2015, same-sex couples began marrying in the territory.
Section 51(xxvii) of the Constitution of Australia grants the Commonwealth Parliament the power to make laws with respect to "immigration and emigration." Historically, it was the principal legislative power in support of Australia's immigration scheme, which is now embodied in the Migration Act 1958 (Cth).
Debra Sue Mortimer is an Australian judge. She was born in New Zealand but has practised law in Australia. She has been a judge of the Federal Court of Australia since 2013, having previously been a Senior Counsel practising at the Victorian Bar in migration law, environmental law and anti-discrimination law.
