keywords: High Court Decision

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    High Court not the answer to Nauru depravity

    • Frank Brennan
    • 04 February 2016
    24 Comments

    Following Wednesday's High Court decision, the moral depravity of Australian funded offshore detention of asylum seekers, including children, is to continue. There is no joy to be found in our High Court applying a Constitution even more bereft of human rights protections than that of Nauru. It's time for our politicians to address the political and moral question: what purpose is actually served by sending this mum and her baby back to Nauru, when the boats have already stopped and will stay stop?

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  • AUSTRALIA

    High Court fails high seas detainees

    • Frank Brennan
    • 02 February 2015
    20 Comments

    The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.

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  • AUSTRALIA

    High Court backs ministerial power over asylum seekers

    • Kerry Murphy
    • 20 June 2014
    6 Comments

    Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.

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  • AUSTRALIA

    High Court hedges bets on free speech

    • Patrick McCabe
    • 26 April 2013
    5 Comments

    In 2011 the US Supreme Court found it was not unlawful for members of Westboro Baptist Church to stage inflammatory protests at the funerals of US soldiers, whom the church believes are killed by God to demonstrate disapproval at tolerance of gay people. You might say 'only America', but recently something similar nearly happened here. 

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  • AUSTRALIA

    Best of 2012: If Clive Palmer was a High Court judge

    • Patrick McCabe
    • 11 January 2013
    2 Comments

    Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no. Monday 21 May 

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  • AUSTRALIA

    If Clive Palmer was a High Court judge

    • Patrick McCabe
    • 21 May 2012
    20 Comments

    Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no.

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  • RELIGION

    High Court grounds Malaysia Solution

    • Frank Brennan
    • 01 September 2011
    39 Comments

    From now on, the High Court will apply a very fine tooth comb to any legislation allowing ministers to ship asylum seekers offshore.  Unless there were to be a bipartisan agreement in the Parliament or a government deal with the Greens, asylum seekers arriving by boat now need to be processed fairly, promptly, on our terms and on our turf.

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  • AUSTRALIA

    How the High Court failed native title

    • Sarah Burnside
    • 26 October 2009
    5 Comments

    Mining states often view native title as bureaucratic red tape that slows down the industry. But the Native Title Act has never given Aboriginal people a right of veto. The High Court recently set an unfortunate precedent that further hinders the ability of traditional owner groups to negotiate.

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  • AUSTRALIA

    Day inquest highlights threat of police profiling

    • Celeste Liddle
    • 07 September 2019
    3 Comments

    As an Aboriginal woman walking the streets at night, I am significantly more concerned about being brutalised by those charged to keep our streets safe — the police — than I am about any fellow lone wanderer on the streets. The case of Tanya Day and the response to it reinforced to me that my fears were well-founded.

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  • AUSTRALIA

    The cost of efficiency in Family Court merger

    • Alexandra O'Sullivan
    • 23 November 2018
    1 Comment

    It is imperative that the courts examine all the evidence thoroughly with expert analysis and allow time for perpetrators of violence to show their true colours, before any potentially life-changing decisions are made. Efficiency and cost cutting shouldn’t be the goal.

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  • AUSTRALIA

    Elijah Doughty decision shows there is rarely justice for aboriginal victims

    • Celeste Liddle
    • 28 July 2017
    38 Comments

    As the news came through that the man who had run down young Elijah Doughty in Kalgoorlie last year had escaped a manslaughter conviction and instead had been sentenced for three years for the charge of reckless driving causing death, I saw Aboriginal community members dissolve. Many expressed grief for Elijah's family and community. Others set about highlighting how there is rarely any justice in this system for Aboriginal people.

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  • AUSTRALIA

    It’s time Mr Heydon was taken to court

    • Frank Brennan
    • 09 September 2015
    7 Comments

    Senator Penny Wong moved a motion requesting the Governor-General to sack Dyson Heydon from the unions royal commission. This is a disgrace. It evokes memories of Governor General John Kerr sacking Prime Minister Gough Whitlam almost 40 years ago. The unions must appeal Heydon's decision to the courts, or abide by the umpire's decision.

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