alternative dispute resolution
(ADR)Various methods of resolving civil disputes otherwise than through the normal trial process. Under Part 1 of the Civil Procedure Rules the court will encourage the parties to use an alternative ...
Appointments that might have been
Many have been considered for—even promised—appointment to the High Court, but not appointed. Who some of the candidates were, and why they were not appointed, reveals the influence on the ...
Archibald Knox
(born 29 November 1863; died 27 April 1932; Chief Justice 1919–30)was born in Sydney, the fourth son and youngest of eight surviving children of Edward Knox, Danish-born founder and ...
assisted dispute resolution
Any one of a range of alternative dispute resolution processes such as negotiation, conciliation and mediation. In the chosen process, disputants are assisted by a neutral third party such as ...
Boilermakers Case
(1956)concerned a challenge by the Boilermakers' Society of Australia to sections 29 and 29A of the Conciliation and Arbitration Act 1904 (Cth), which empowered the Commonwealth Court of Conciliation ...
Brennan Court
(21 April 1995–21 May 1998).It was recognised that the Brennan Court would be short lived. What was not expected, however, was that in addition to the new Justice, Gummow ...
Business of Court
The business of the High Court has evolved significantly over time, reflecting Australia's development as a nation and its social, political and economic changes. The growth and change in the ...
Caledonian Collieries Cases
(1930).In the Coal Vend Case (1911), it was alleged that colliery owners in the NSW Hunter Valley were manipulating the interstate supply and price of coal. Isaacs made a ...
Commonwealth legislative powers
The Constitutions of the USA and Canada provided, for the framers of the Australian Constitution, two different models of federalism. The effect of the Canadian scheme, in the British North ...
corporations power
The power of the Commonwealth to make laws with respect to ‘foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth’ under Constitution s 51(xx). The ...
counselling
n.1. a method of approaching psychological difficulties in adjustment that aims to help the client work out his own problems. The counsellor listens sympathetically, attempting to identify with the ...
Dixon Court
(18 April 1952–13 April 1964).During this period, the Court's prestige was very high, not only in Australia, but in other common law countries. Lord Denning described it as the ...
employment law
The area of law dealing with rights and duties of employers and employees. It consists of those areas of labour law which concern individual rights and obligations under the employment ...
Engineers Case
Of 1920 marked an important shift in the judicial interpretation of the Commonwealth Constitution and significantly enlarged the powers of the federal government. The High Court was asked to ...
extra-judicial determination
Finalisation of a matter other than through the courts. Matters may be determined by some kind of self-help, by non-judicial remedy (e.g. abatement of nuisance), or by dispute resolution processes ...
Fair Work Australia
A specialised workplace and industrial conciliation body established in July 2009 to consolidate seven separate federal agencies; due to be operational by 1 January 2010. The Australian Industrial ...
Framers of the Constitution
The processes by which the Australian Constitution came into being were protracted and complex. The Constitution was framed, in the form of a Bill, over a nine‐year period. Its first ...
Free Speech Cases
(1992).Despite much controversy over the possibility of the High Court giving effect to implied constitutional rights, one example now clearly accepted is the Court's recognition of an implied ...
George Edward Rich
(born 3 May 1863; died 14 May 1956; Justice 1913–50)was regarded by his contemporaries as a man of humanity, urbanity, and wit—amiable, approachable, courteous, and considerate. In Briginshaw v ...
Gibbs Court
(12 February 1981 to 5 February 1987).The Gibbs Court bridged the transition from the more conservative Barwick Court to the more liberal Mason Court. When Gibbs was appointed Chief ...
