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Keywords: High Court Decision

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

  • AUSTRALIA

    Climate change and duty of care

    • Binoy Kampmark
    • 07 April 2022
    1 Comment

    The children have been busy. On matters of environmental justice, Australia has witnessed much legal activity from youthful citizens who, despite in some cases not being old enough to vote, have stirred politics. In 2021, five lodged complaints with the United Nations over the failure of the Australian government to cut, in a meaningful way, greenhouse gas emissions by 2030.

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  • AUSTRALIA

    Government lowers bar to trigger visa cancellation

    • Paul Cutler
    • 07 March 2022
    2 Comments

    Most people would agree that the government should have the power to cancel the visas of, and deport, non-citizens who are serious or dangerous criminals. Nobody wants to be the victim of a crime or to live in an unsafe society. We have enough criminals without keeping additional ones.

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  • AUSTRALIA

    The trouble with God powers: The Novak Djokovic case

    • Binoy Kampmark
    • 08 February 2022
    5 Comments

    It should be troubling for anyone, religious, secular or agnostic, to be told that a human being wields anything approximating to ‘God like’ powers. That very suggestion implies a power unreviewable, unaccountable and at odds with the earthly rule of law.

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  • INTERNATIONAL

    Legitimised judicial captivity: The Assange case

    • Binoy Kampmark
    • 16 December 2021

    The legal pursuit of Assange is disturbingly unique not only for using an archaic law against a non-US national; it is also the first instance of an international application of it against a publisher. The law, if applied in the way suggested by the charges, criminalise the receipt, dissemination and publication of national security information, irrespective of motive. If the US Espionage Act 1917 were applied in this way, it would appear to subvert the free press provision in the United States Constitution.

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  • AUSTRALIA

    Why our defamation laws are no longer fit for purpose

    • Cristy Clark
    • 10 November 2021
    7 Comments

    Peter Dutton has recently argued that funds for defamation actions should be a ‘workplace entitlement’ for Members of Parliament (MPs). I’d like to repeat that another way: the Honorable Peter Dutton, Commonwealth Minister for Defence, would like the taxpayer to fund MPs to sue members of the Australian public for defamation.

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  • AUSTRALIA

    The sacked professor Ridd's freedom of speech

    • Frank Brennan
    • 18 October 2021
    5 Comments

    The High Court decision has been confusing for many people because it both upheld Ridd’s right to intellectual freedom and the university’s entitlement to sack him for breaches during disciplinary proceedings which had followed upon two wrongly argued censures. Basically, Ridd won on the point of intellectual freedom but he lost on the other aspects of his behaviour which had nothing to do with the exercise of intellectual freedom. 

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  • AUSTRALIA

    What is a just outcome for the Biloela family?

    • Paul Cutler
    • 24 August 2021
    21 Comments

    I believe in the rule of law and I appreciate that the proper application of the law does not always produce a fair or popular result. I also believe that Australia's refugee policy is too harsh and deeply flawed. However, that policy is bipartisan and appears to be inexplicably popular. The same 'fortress Australia' mentality is evident in our efforts to contain Covid-19.

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  • AUSTRALIA

    The ethics of mandating vaccinations in healthcare

    • John Watkins
    • 19 August 2021
    8 Comments

    Since its unwelcome arrival over a year ago, the COVID-19 pandemic has presented us with a range of moral and ethical quandaries — some hypothetical, some deeply pragmatic.

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  • ENVIRONMENT

    As nuclear waste storage Bill passes, the fight continues

    • Michele Madigan
    • 26 July 2021
    15 Comments

    For several decades, successive federal governments have tried but failed to establish a national nuclear waste repository, primarily to take waste from the nuclear research reactor site operated by the Australian Nuclear Science and Technology Organisation (ANSTO) at Lucas Heights, 30 km south of Sydney. Currently a site near Kimba on South Australia's Eyre Peninsula is being targeted.

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  • AUSTRALIA

    The fraying of judicial nerves in migration cases

    • Frank Brennan
    • 13 July 2021
    12 Comments

    Australian governments and judges have been playing catch up for a long time trying to deal with the backlog of claims for migrant visas. A couple of recent judgments highlight the frustration at work in the system.

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  • AUSTRALIA

    The inhumane logic of Australia’s refugee deterrence policy

    • Andrew Hamilton
    • 24 June 2021
    32 Comments

    Deterrence has an inner logic that we can see in Australian treatment of people who seek protection. In the first place it tends to become increasingly brutal. Each breach of policy must be met with a more effective deterrent.

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  • AUSTRALIA

    The High Court’s surrender to the Morrison-Dutton immigration detention regime

    • Frank Brennan
    • 24 June 2021
    11 Comments

    Who’d have thought that during Refugee Week, Australia’s highest court would endorse the Parliament’s view that our non-refoulement obligations under the Refugee Convention and the Convention Against Torture were now an irrelevance.

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