Category Archives: Constitutional law

Constitutional law, Corporations Law, Courts and Tribunals

Re Wakim [1999] HCA 27 | 17 June 1999

ON 17 JUNE 1999, the High Court of Australia delivered Re Wakim [1999] HCA 27; 198 CLR 511; 163 ALR 270; 73 ALJR 839 (17 June 1999).

http://www.austlii.edu.au/au/cases/cth/HCA/1999/27.html

The High Court held that the provisions of the Corporations Law and cross-vesting legislation that purport to confer State jurisdiction on Federal Courts are constitutionally invalid, although State courts may continue to exercise Federal jurisdiction or each other’s jurisdiction.

The decision led to enactment of the Commonwealth Corporations Act 2001, a Federally administered company law which could also be exercised in State Courts.

Lawyers

Sydney, Australia

1300 00 2088

Constitutional law, Human Rights, Property Law, United Kingdom

Magna Carta | 15 June 1215

ON 15 JUNE 1215, King James executed the Magna Carta at Runnymede. King James agreed to this document which limited the power of the Crown and granted the barons and citizens certain individual rights, freedoms, liberties and protections. The document laid the constitutional foundations for government under the rule of law.

http://bailii.austlii.edu.au/uk/legis/num_act/1215/magna__carta.html

Lawyers 1300 00 2088

Constitutional law, Human Rights, Native Title, Property Law

State of Western Australia v Brown & Ors [2014] HCA 8

ON 12 MARCH 2014, the High Court of Australia delivered State of Western Australia v Brown & Ors [2014] HCA 8. Native title rights and interests asserted by the Ngarla People of the Pilbara were not extinguished by mineral leases because the leases did not exclude any and everyone from access to the land.

http://www.austlii.edu.au/au/cases/cth/HCA/2014/8.html

Lawyers

1300 00 2088

Constitutional law, Family Law, Human Rights, Law reform, Legislation

The Commonwealth v Australian Capital Territory [2013] HCA 55

ON 12 DECEMBER 2013, the High Court of Australia delivered The Commonwealth v Australian Capital Territory [2013] HCA 55 (12 December 2013).

Lawyers

Sydney, Australia

1300 00 2088

Constitutional law, LAW FIRM

Attorney-General (SA) v Corporation of the City of Adelaide

ON THIS DAY in 2013, the High Court of Australia delivered Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3 (27 February 2013).

http://www.austlii.edu.au/au/cases/cth/HCA/2013/3.html

Constitutional law, LAW FIRM, Legislation, Property Law

2012 | JT International SA v Commonwealth of Australia

ON 5 OCTOBER 2012, the High Court of Australia delivered JT International SA v Commonwealth of Australia [2012] HCA 43 (5 October 2012).

http://www.austlii.edu.au/au/cases/cth/HCA/2012/43.html

Lawyer
Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer
Constitutional law, Fiji, Human Rights, LAW FIRM

Qarase v Bainimarama [2009] FJCA 67

ON THIS DAY in 2009, the Fiji Court of Appeal (Powell, Lloyd and Douglas JJA) delivered Qarase v Bainimarama [2009] FJCA 67; [2009] 3 LRC 614 (9 April 2009).

The Court of Appeal declared that the assumption of executive power by the President/military Commander (Bainimarama) and dismissal by him of the Prime Minister (Qarase) and parliament in the coup of 5 December 2006 was unlawful under the Fijian constitution.

On 10 April, Bainimarama abrogated the constitution.

Whilst the beaches remain beautiful and the people will always be warm and friendly, a dark cloud hangs over democracy and the rule of law in Fiji.

http://www.paclii.org/fj/cases/FJCA/2009/67.html

 

Lawyers

Sydney, Australia

1300 00 2088

Constitutional law, Criminal Procedure, LAW FIRM

Crimes (Criminal Organisations Control) Act 2009 (NSW)

ON 3 APRIL 2009, the NSW Crimes (Criminal Organisations Control) Act 2009 came into force.  The main purpose of the Act was “to provide for the making of declarations and orders for the purpose of disrupting and restricting the activities of criminal organisations and their members”.

When challenged in the High Court of Australia, the Act was held to be invalid on constitutional grounds, namely, that the absence of an obligation for a Supreme Court justice to give reasons for a declaration is contrary to the proper exercise of the court’s jurisdiction: see Wainohu v New South Wales [2011] HCA 24 (23 June 2011).

The NSW parliament subsequently redrafted the legislation: see Crimes (Criminal Organisations Control) Act 2012.

Lawyers 1300 00 2088

Administrative Law, Constitutional law, LAW FIRM, Migration Law

Haneef v Minister for Immigration and Citizenship [2007] FCA 1273

ON THIS DAY in 2007, the Federal Court of Australia delivered Haneef v Minister for Immigration and Citizenship [2007] FCA 1273 (21 August 2007).

http://www.austlii.edu.au/au/cases/cth/FCA/2007/1273.html

Constitutional law, Employment Law, LAW FIRM

2006 | WorkChoices case

ON 14 NOVEMBER 2006, the High Court of Australia delivered New South Wales v Commonwealth [2006] HCA 52; 81 ALJR 34; 231 ALR 1 (14 November 2006).

http://www.austlii.edu.au/au/cases/cth/HCA/2006/52.html

Lawyer
Peter O’Grady
BA, LLB, Grad Cert Leg Prac, Acc Spec Lawyer