The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation.
Mary Genevieve Gaudron, is an Australian lawyer and judge, who was the first female Justice of the High Court of Australia. She was the Solicitor-General of New South Wales from 1981 until 1987 before her appointment to the High Court. After her retirement in 2002, she joined the International Labour Organization, serving as the President of its Administrative Tribunal from 2011 until 2014.
Ian David Francis Callinan AC KC is a former Justice of the High Court of Australia, the highest court in the Australian court hierarchy.
The system of tort law in Australia is broadly similar to that in other common law countries. However, some divergences in approach have occurred as its independent legal system has developed.
John Leslie Toohey, AC, QC was an Australian judge who was a Justice of the High Court of Australia from 1987 to 1998.
Sir Owen Dixon was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.
The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.
Dietrich v The Queen is a 1992 High Court of Australia constitutional case which established a person accused of serious criminal charges must be granted an adjournment until appropriate legal representation is provided if they are unrepresented through no fault of their own and proceeding would result in the trial being unfair.
The separation of powers in Australia is the division of the institutions of the Australian government into legislative, executive and judicial branches. This concept is where legislature makes the laws, the executive put the laws into operation, and the judiciary interprets the laws; all independently of each other. The term, and its occurrence in Australia, is due to the text and structure of the Australian Constitution, which derives its influences from democratic concepts embedded in the Westminster system, the doctrine of "responsible government" and the United States version of the separation of powers. However, due to the conventions of the Westminster system, a strict separation of powers is not always evident in the Australian political system, with little separation between the executive and the legislature, with the executive required to be drawn from, and maintain the confidence of, the legislature; a fusion.
The Caledon Bay crisis refers to a series of killings at Caledon Bay in the Northern Territory of Australia during 1932–34, referred to in the press of the day as Caledon Bay murder(s). Five Japanese trepang fishers were killed by Aboriginal Australians of the Yolngu people. A police officer investigating the deaths, Albert McColl, was subsequently killed. Shortly afterwards, two white men went missing on Woodah Island (with one body found later). With some of the white community alarmed by these events, a punitive expedition was proposed by Northern Territory Police to "teach the blacks a lesson".
Section 51(xxxi) is a subclause of section 51 of the Constitution of Australia. It empowers the Commonwealth to make laws regarding the acquisition of property, but stipulates that such acquisitions must be on just (fair) terms. The terms is sometimes referred to in shorthand as the 'just terms' provision.
Albert Bathurst Piddington KC was an Australian lawyer, politician and judge. He was a member of the High Court of Australia for one month in 1913, making him the shortest-serving judge in the court's history.
Milirrpum v Nabalco Pty Ltd, also known as the Gove land rights case because its subject was land known as the Gove Peninsula in the Northern Territory, was the first litigation on native title in Australia, and the first significant legal case for Aboriginal land rights in Australia, decided on 27 April 1971.
The persona designata doctrine is a doctrine in law, particularly in Canadian and Australian constitutional law which states that, although it is generally impermissible for a federal judge to exercise non-judicial power, it is permissible for a judge to do so if the power has been conferred on the judge personally, as opposed to powers having been conferred on the court. The doctrine in the more general sense has been recognised throughout the common law countries. Persona designata, according to Black's Law Dictionary, means "A person considered as an individual rather than as a member of a class"; thus it may be a person specifically named or identified in a lawsuit, as opposed to the one belonging to an identified category or group. While it has its origin in Montesquieu's doctrine of the separation of powers, it can be traced back as far as Aristotle's Politics.
The Court of Disputed Returns in Australia is a special jurisdiction of the High Court of Australia. The High Court, sitting as the Court of Disputed Returns, hears challenges regarding the validity of federal elections. The jurisdiction is twofold: (1) on a petition to the Court by an individual with a relevant interest or by the Australian Electoral Commission, or (2) on a reference by either house of the Commonwealth Parliament. This jurisdiction was initially established by Part XVI of the Commonwealth Electoral Act 1902 and is now contained in Part XXII of the Commonwealth Electoral Act 1918. Challenges regarding the validity of State elections are heard by the Supreme Court of that State as the State's Court of Disputed Returns.
Harriton v Stephens, was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not being terminated.
Thomas Alexander Wells was a judge of the Northern Territory Supreme Court in Darwin, Australia. He was known for having misdirected the jury in a high-profile case in 1934, which was later overturned in an appeal in the High Court of Australia known as Tuckiar v The King.
Judicial independence is regarded as one of the foundation values of the Australian legal system, such that the High Court held in 2004 that a court capable of exercising federal judicial power must be, and must appear to be, an independent and impartial tribunal. Former Chief Justice Gerard Brennan described judicial independence as existing "to serve and protect not the governors but the governed", albeit one that "rests on the calibre and the character of the judges themselves". Despite general agreement as to its importance and common acceptance of some elements, there is no agreement as to each of the elements of judicial independence.
Section 122 of the Constitution of Australia deals with matters relating to the governance of Australian territories. It gives the Commonwealth Parliament complete legislative power over the territories. This power is called the territories power. The extent and terms of the representation of the territories in the House of Representatives and the Senate are also stated as being at the discretion of the Commonwealth Parliament.
Mulkun Wirrpanda was an Indigenous Australian community leader and artist from Yirrkala. Coming from a family of artists, her work focuses on botany surrounding her homelands.
