Aboriginal peoples
The first reported decision of the High Court in which an Aboriginal person was a party to the proceedings seems to have been Tuckiar v The King (1934). This was ...
Accountability
The High Court is the end of the road for litigants; there is no further appeal to another court. Moreover, its Justices are appointed until retirement age, are not subject ...
Authoritative legal materials
May refer to the materials Justices must employ in judicial reasoning, or to those they may legitimately employ. The former sense refers primarily to legislation made by a parliament or ...
civil liberties
One of the fundamental principles of open, free societies, written into constitutions of many nations, civil liberty is the right of citizens to go about their lawful business without intrusive ...
colonial administration and law
Sir William Blackstone and Lord Mansfield sought to reduce colonial governance and law in the eighteenth‐century British Empire to a formal pattern of order by distinguishing conquered and ceded ...
Commentators and commentary
Two major themes—explorations of past performances and guidance towards or prophecies of future endeavours—flow from analyses and evaluations of the High Court, its Justices and judicial opinions. ...
common law
1 The part of English law based on rules developed by the royal courts during the first three centuries after the Norman Conquest (1066) as a system applicable to the whole country, as opposed to ...
conciliation
N.1 (in civil disputes) See ACAS; alternative dispute resolution.2 A procedure of peaceful settlement of international disputes. The matter of dispute is referred to a standing or ad hoc commission ...
Convention Debates
The expression ‘Convention Debates’ is used to refer to the printed Hansard debates of the two great Conventions that met to frame the Australian Constitution between the years 1891 and ...
costs
Sums payable for legal services. The power of criminal courts to award costs is contained in Prosecution of Offences Act 1985. See also wasted costs order.
Court's conception of Federalism
Federalism as a system of government is generally thought to require a constitutional guarantee of the integrity and viability of each level of government. Cases concerning Commonwealth–state ...
Disability discrimination
Is controversial. Is a visually impaired person entitled to the services of a tram conductor to advise him or her of a stop? Should a person be dismissed from employment ...
environmental Law
The body of official legal rules, decisions, and actions that relate to environmental quality, natural resources, and ecological sustainability.
external affairs power
An area of shared power under Constitution s 51(xxix) in which the Commonwealth effectively occupies the field. It covers Australia's relations with other countries; implementation of treaty ...
extrinsic material
(aids to statutory interpretation)Material that is not included in the statute itself, but can help to clarify the meaning intended by Parliament (e.g. explanatory memoranda and parliamentary ...
Green v Daniels
(1977).The significance of Green v Daniels as a foundation case in Australian public law was only belatedly recognised. The case totally failed to capture legal interest when it first ...
History and Law
The relationship between history and law can be understood from at least two fundamentally different perspectives. First, the relationship can be approached from the vantage point of law practice and ...
immigration legislation
(New Zealand)New Zealand had an estimated population of around 1400,000 Maori people, and 2,000 Whites, in 1839. Immigration began in the 1840s as companies and settlers sought to make the country a ...
Isaacs Court
(2 April 1930–21 January 1931).Isaacs was a puisne Justice for more than 23 years and Chief Justice for 42 weeks. Gavan Duffy, Rich, and Starke were still members of ...
