Category Archives: Constitutional law

Administrative Law, Constitutional law, LAW FIRM

Kable v Director of Public Prosecutions [1996] HCA 24

ON 12 SEPTEMBER 1996, the High Court of Australia delivered Kable v Director of Public Prosecutions (NSW) [1996] HCA 24; (1996) 189 CLR 51 (12 September 1996).

The High Court established the principle that a State Parliament may not legislate to confer a power on a State Court that is inconsistent or repugnant to the State Court’s Chapter III judicial power as a court exercising federal jurisdiction under the Constitution.

The High Court held that the Community Protection Act 1994 (NSW) was incompatible with Chapter III as it required the NSW Supreme Court to order the continued imprisonment of a person convicted of manslaughter after the expiration of his sentence.

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Constitutional law, LAW FIRM

Cambodian constitution

ON 21 SEPTEMBER 1992, the Constitution of the Kingdom of Cambodia was adopted.

Click to access section_01_01_ENG.pdf

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Constitutional law, Criminal Law, Criminal Procedure, LAW FIRM, Uncategorized

Cheatle v R [1993] HCA 44

ON 26 AUGUST 1993, the High Court of Australia delivered Cheatle v R [1993] HCA 44; (1993) 177 CLR 541 (26 August 1993).

http://www.austlii.edu.au/au/cases/cth/HCA/1993/44.html

South Australian law allowed for a majority verdict of 10 or 11 jurors. Mr and Mrs Cheatle were convicted by a majority verdict of a South Australian jury for the indictable offence of conspiracy to defraud the Commonwealth. The High Court allowed an appeal, holding that s80 of the Constitution required unanimous verdicts for Commonwealth indictable offences. A new trial was ordered.

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Constitutional law, LAW FIRM

Nationwide News Pty Ltd v Wills [1992] HCA 46

ON 30 SEPTEMBER 1992, the High Court of Australia delivered Nationwide News Pty Ltd v Wills [1992] HCA 46; (1992) 177 CLR 1 (30 September 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/46.html

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Constitutional law, LAW FIRM

Australian Capital Television Pty Ltd & New South Wales v Commonwealth [1992] HCA 45

ON 30 SEPTEMBER 1992, the High Court of Australia delivered Australian Capital Television Pty Ltd & New South Wales v Commonwealth [1992] HCA 45; (1992) 177 CLR 106 (30 September 1992).

http://www.austlii.edu.au/au/cases/cth/HCA/1992/45.html

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Administrative Law, Constitutional law, Courts and Tribunals, LAW FIRM, Legislation

Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125

ON 21 AUGUST 1992, the NSW Court of Appeal delivered Greiner v Independent Commission Against Corruption (1992) 28 NSWLR 125.

Constitutional law, Landmark cases, LAW FIRM, Property Law

Mabo v Queensland (No 2) (“Mabo case”) [1992] HCA 23

ON 3 JUNE 1992, the High Court of Australia delivered Mabo v Queensland (No 2) (“Mabo case”) [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992).

Upon the British Crown’s acquisition of sovereignty over parts of Australia since 1788, aboriginal native title survived and as such the doctrine of terra nullius does not apply to Australia.

Where validly asserted, native title entitles its holders as against the world to possession, occupation, use and enjoyment of the particular land over which the title is claimed. It is ascertained according to the laws and customs of it’s indigenous inhabitants who have a connexion with the land through continued use and enjoyment by the group or clan since the Crown’s acquisition of sovereignty.

Native title is inalienable but is extinguished if the clan or group ceases to have a connexion with the land, or by a valid exercise of government power under the laws of the Commonwealth.

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Constitutional law, Criminal Law, LAW FIRM

R v L [1991] HCA 48

R v L [1991] HCA 48; (1991) 174 CLR 379 (3 December 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/48.html

The notion that marriage gives rise to an irrevocable consent to sexual intercourse between the parties is out of keeping with the view that society takes of marriage as well as recent changes in the criminal law.

“…if it was ever the common law that by marriage a wife gave irrevocable consent to sexual intercourse by her husband, it is no longer the common law.” (at 390)

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Constitutional law, LAW FIRM

Polyukhovich v Commonwealth (“War Crimes Act case”) [1991] HCA 32

ON 14 AUGUST 1991, the High Court of Australia delivered Polyukhovich v Commonwealth (“War Crimes Act case”) [1991] HCA 32; (1991) 172 CLR 501 (14 August 1991).

http://www.austlii.edu.au/au/cases/cth/HCA/1991/32.html

Polyukhovich brought proceedings against the Commonwealth seeking declarations that the War Crimes Amendment Act 1988 (Cth) and certain provisions of the War Crimes Act 1945 (Cth) were constitutionally invalid on the grounds that the legislation (1) exceeded the Commonwealth’s defence (s51(vi)) and external affairs powers (s51(xxix)); and (2) invalidly usurped the Commonwealth’s judicial power, infringing Chapter III.

The High Court held that the legislation was valid.

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Constitutional law, Family Law, LAW FIRM

Harris v Caladine [1991] HCA 9

ON 17 APRIL 1991, the High Court of Australia delivered Harris v Caladine [1991] HCA 9; (1991) 172 CLR 84 (17 April 1991).

Parts of the Family Law Act 1975 (Cth) allowing Judges of the court to make rules delegating judicial powers to registrars and non-judical officers were held to be valid and not in breach of the doctrine of separation of powers found in s71 and Chapters II and III of the Australian Constitution.

Family Court Judges may make rules and delegate their powers as long as they continue to bear the major responsibility for the exercise of judicial power.  The delegation must not be inconsistent with the obligation of a court to act judicially and that the decisions must be subject to review or appeal by a Judge.

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