keywords: High Court Judges

  • AUSTRALIA

    Our first female High Court chief justice is first class

    • Moira Rayner
    • 30 November 2016
    10 Comments

    So the High Court finally has its first woman chief justice. Mainstream media have seized upon this as a remarkable achievement for the legal profession and as 'a fair go' for the empowered woman of 2016. Kiefel's attainment of her highest goal should be recognised as no such lesser win. It is right and proper recognition of the suitability of a solidly trained and experienced lawyer, and the product of this individual human being's commitment to the law and its customs, protocols and conventions.

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  • 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 leaves same sex marriage door ajar

    • Frank Brennan
    • 16 December 2013
    30 Comments

    Until now, there was some doubt whether the Parliament's constitutional power to make laws with respect to marriage would be broad enough to include laws with respect to same sex marriage. The High Court has put this matter beyond doubt with all six sitting judges affirming that 'marriage' for the purposes of defining the constitutional power of the Parliament could not be confined to marriage in the traditional Christian sense.

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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

    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

    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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  • AUSTRALIA

    The US Supreme Court's gay marriage overreach

    • Frank Brennan
    • 03 July 2015
    75 Comments

    In its determination that same sex couples have a constitutional right to marry, the US Supreme Court took it upon itself to discover a definitive answer in the silent Constitution on this contested social question. This is regrettable, because there can be no doubt that the democratic process was taking US society in only one direction, and the Court's unilateral intervention has reduced the prospects of community acceptance and community compromise regarding the freedom of religious practice of those who cannot embrace same-sex marriage for religious reasons.

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  • AUSTRALIA

    High noon for Government refugee policy

    • Kerry Murphy
    • 12 September 2014
    12 Comments

    There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.

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