high court - hofreps - 1970

Contexts in which the phrase high court was used in the House of Representatives during the 1970s

The High Court Rules make provision for a person whose financial resources are below a certain standard, with the leave of the Court, to proceed in that Court as a poor person. [More…]
Did his predecessor receive a letter dated 27th August 1969 from Mr George Romeyko of 6 Park Terrace, Kurralta Park, South Australia alleging that there are financial barriers to litigation which is one reason for his failure to appeal to the High Court. [More…]
a proceeding before the High Court- [More…]
Whilst I accept his proposition that he is not responsible for or even able to interfere with the workings of the court or give any instruction to the Chief Justice about the order in which certain cases should be heard, I think it is worth while for the honourable member for Kingston (Dr Gun) to raise this question in the House because it surely makes clear even to honourable members on the other side of the House that we are appointing to the High Court of this country people who are more interested in the question of property than in the question of civil liberties. [More…]
I am suggesting that when the next opening appears on the High Court the Government - and I assume that the AttorneyGeneral would be one of the people who would have a significant say in any recommendations as to who would be added to the High Court - should consider the proposition that we want at least some people on the High Court who put the question of civil liberties foremost. [More…]
I cannot call to mind whether design studies for the High Court are proceeding but design studies for the National Art Gallery certainly are proceeding. [More…]
40 High Court and National Art Gallery sites - Ministerial statement - Motion to take note of paper: Resumption of debate on the motion. [More…]
Can he supply any information as to the present whereabouts of Henry Znaty who was deported to Morocco following a High Court judgment. [More…]
I point out to the honourable gentleman that unfortunately our powers seem to be limited for the moment, but we hope that as a result of the concrete pipes case now before the High Court of Australia the ambit of the Commonwealth’s power may be extended. [More…]
I preface my question, which is addressed to the Acting Prime Minister, by referring to the recent judgment of the High Court of Australia in the concrete pipes case relative to trading and financial corporations on which the Government depends for the validity of the Restrictive Trade Practices Act and from which flows the necessary power for nationwide regulation of stock exchanges as advocated by him. [More…]
Is it the intention of the Government to amend the Income Tax Assessment Act following the recent decision of the High Court in favour of the Investment and Merchant Finance Corporation. [More…]
The Government has arranged for the preparation of amending legislation to curtail the income tax benefits which encourage companies to engage in operations of the type that were the subject of the High Court decision mentioned. [More…]
I ask the Minister representing the Attorney-General: Will he suggest to his colleague the AttorneyGeneral that an examination be made of the recent judgment of the High Court of Australia in the concrete pipes case with a view to determining whether the Commonwealth Parliament possesses power to pass laws in respect of prices? [More…]
In December 1962, there were 8 Federal judges, other than High Court Justices. [More…]
There are now 10 Federal judges other than High Court Justices. [More…]
I notice that it is now suggested that High Court judges should serve on a royal commission. [More…]
Has the attention of the Minister for Urban and Regional Development been drawn to a report in today’s Press of statements made separately by the GovernorGeneral and by the Chief Justice of the High Court of Australia in which they criticise the centralisation of offices and industry in inner city areas? [More…]
Furthermore, it does not identify in any respect the safeguard which the Bill provides in permitting appeals to the High Court. [More…]
The honourable member for Wentworth (Mr Ellicott), who is taking this Bill on behalf of the Opposition, suggests that I might at the same time seek leave to present a Bill to limit further the matters in which special leave of appeal from the High Court of Australia to Her Majesty in Council may be asked. [More…]
But there can be little doubt- our High Court has said so- that the whole basis of responsible government rests on conventions. [More…]
A ruling has been given recently in the United Kingdom that as long as a matter does not infringe upon any decisions which may be given in the High Court the matter is not sub judice. [More…]
Can he give the House any information about the implications of the Victorian Government’s High Court challenge to the Australian Assistance Plan and the Regional Employment Development scheme? [More…]
If the Victorian Government’s challenge in the High Court, which has been backed by the other Liberal and Country Parry governments in Australia, succeeds then not only the Regional Employment Development scheme and the Australian Assistance Plan but also a great number of other schemes which not only my Government but also previous governments have initiated will be nullified. [More…]
Lionel Murphy, has been appointed to the High Court. [More…]
On the settlement of the High Court challenge to the Seas and Submerged Lands Act, I anticipate major developments offshore in North-west Australia which should result in an increased demand for offshore drilling vessels. [More…]
Privy Council (Appeals from the High Court) Act 1975 which has been presented to him for the Queen’s Assent, and transmits herewith the following amendment which he recommends to be made in the proposed law: [More…]
I have received a message from His Excellency the Administrator informing the House that His Excellency has, under section 74 of the Constitution of the Commonwealth of Australia, reserved the Privy Council (Appeals from the High Court) Bill 1 975 for Her Majesty’s pleasure. [More…]
Is the Prime Minister aware of any development which might impede any question of the pecuniary interests of a member of Parliament being properly determined by the High Court? [More…]
The Minister does not interfere with it, he lets it have its own way and lets it do as it wishes in contempt of the High Court. [More…]
I have received a message from the Administrator informing the House that Her Majesty the Queen has assented to the Privy Council (Appeals from the High Court) Bill 1975, which was reserved for Her Majesty’s pleasure. [More…]
Has the attention of the Attorney-General been drawn to last Wednesday’s decision of the High Court of Australia upholding an appeal relating to mining on Fraser Island? [More…]
The other members were Solicitor-General Mason, later a judge of appeal of the Supreme Court of New South Wales and now a justice of the High Court and Professor Whitmore and later Solicitor-General Ellicott now the honourable member for Wentworth. [More…]
Subject to the jurisdiction of the High Court under paragraph 75 (v) of the Constitution, an investigation under this Act, a report or recommendation of the Ombudsman under this Act and an act done by the Ombudsman in connexion with such an investigation- [More…]
The case of Re Bannister ex parte Hartstein is before the High Court on appeal and I do not feel I should make any further comment [More…]
Perhaps a similar decision might be sought from the High Court of Australia. [More…]
In accordance with my answer in the House on 30 July 1974, I deferred tabling these documents until the High Court had handed down all its judgments on the Bills passed at the Joint Sitting which followed the dissolution. [More…]
Since the Governor-General has published the letter he received on 10 November from the Chief Justice concerning the action upon which he had determined and to which he resorted the following day, will the Attorney-General obtain and table a copy of the letter which the Chief Justice later sent to the other Justices of the High Court to justify his covert and unilateral advice? [More…]
1 ) Can he say whether the Chief Justice sent a letter or letters to his fellow Justices of the High Court concerning consultations he had on the dismissal of the Whitlam Ministry on 1 1 November 1975. [More…]
As the High Court has declared invalid the section of the Representation Act which purported to link this calculation to the holding of the census, what steps have been taken or how soon will steps be taken to have a redistribution of electorates in the lifetime of this Parliament? [More…]
and Mr D’Arcy Leo, S.M.- the plaintiff, his counsel and the magistrate respectively in a vexatious political action being pursued in the Queanbeyan Court of Petty Sessions against the Leader of the Opposition (Mr E. G. Whitlam), 2 former Ministers and a Judge of the High Court. [More…]
I refer to the High Court decision in Farelly v. Farelly which said there is no jurisdiction for ex-nuptial children, there is a limitation of jurisdiction in respect of applications for maintenance, custody and guardianship by people who are not parties to the marriage, and there is a limitation of jurisdiction in respect of property matters which are not ancillary to principal relief. [More…]
The New South Wales Government in 1975 initiated action in the High Court concerning the validity of the initial acquisition. [More…]
No further action on the proposal to establish a national nature reserve at Towra Point is proposed pending the decision of the High Court. [More…]
I am informed that on 19 May 1976 a warrant was issued by the High Court Registry, Sydney, for Mr Richard Cobden to travel from Canberra to Sydney with Mr J. Mollison, Acting Director, Australian National Gallery, to attend and [More…]
Was a Mr Richard Cobden in possession of a TAA Canberra to Sydney flight ticket on 20 May 1976 that enabled him to travel from Canberra to Sydney on that date and which was charged to the High Court of Australia; if so, why. [More…]
record the discussions at a meeting at the High Court, Darlinghurst, of a small group formed by the Chief Justice to advise him on works of an for the High Court building being erected in Canberra. [More…]
What directorships were held by Mr K. A. Aickin, Q.C., before he was appointed to the High Court. [More…]
Do High Court Justices declare their financial interests. [More…]
Very broadly, I think it can be said that they attempt to bring the Federal Court of Australia into line with the Supreme Courts of the States and Territories so far as appeals to the High Court are concerned. [More…]
The Law Council of Australia took the view that, whereas the Bill provided that all appeals should be by special leave, it was appropriate that this Bill should give a right of appeal to the High Court from judgments of the Federal Court similar to that in respect of the Supreme Courts of the States and the Territories. [More…]
I am informed that there is no substantial delay in cases coming on for hearing in the High Court once they are ready for listing. [More…]
In any event, the solution to any delays that might exist does not, in my opinion, lie in increasing the number of Justices of the High Court or making provision for the High Court to sit in 2 divisions. [More…]
The proper solution lies in relieving the High Court of some of its present appellate jurisdiction and, to the extent the Constitution permits, of much of its present original jurisdiction, to allow the Court to concentrate on its role as a constitutional court and as the final general court of appeal in Australia. [More…]
Are there any delays in cases coming before the High Court because there are insufficient judges to hear cases presently listed and the Full Court cannot sit in 2 divisions. [More…]
-Has the Minister for Transport been informed of statements made during the Tasmanian election campaign by the Premier of Tasmania to the effect that if his Government is re-elected it will challenge the two airlines agreement in the High Court of Australia? [More…]
How many persons travelled by TAA from Canberra to Sydney on 20 May 1976 on tickets charged to the High Court of Australia [More…]
Can the Attorney-General inform the Parliament as to whether the Commonwealth will be defending actions brought against it in the High Court? [More…]
Will the Attorney-General confirm that he has received a joint approach from all 7 elected representatives from the Territories on behalf of the people of the Territories that the Commonwealth arrange for those Territories to be separately represented in the High Court challenge? [More…]
Is it a fact that the High Court has given the Commonwealth absolute sovereignty in off-shore areas? [More…]
This decision was made at a time when legal proceedings concerning the issuing of a licence were before the High Court of Australia and due for hearing in a period commencing on 15 March 1977; [More…]
The appeal to the High Court was initiated by MetroWestern Broadcasters Ltd of which a principal was a Mr Harold Cottee. [More…]
It is also alleged that the Minister made his decision on 10 March 1977 to circumvent the High Court making an order to the Minister to grant the licence to Prospect Broadcasters Pty Ltd; [More…]
Mr Justice Stephen, in the High Court of Australia, handed down a judgment on Friday last resulting from the action of Karen Christine Green (by her next friend Patricia Ann Truman) v. Laurie Daniels, Brian Wraith and the Commonwealth of Australia. [More…]
The honourable member will also know that the right of the Secretary to the Department of Transport to issue the necessary permits to import the 2 Argosy aircraft which Mr Gordon Barton’s company IPEC wished to place in service between Tasmania and the mainland, and also the 2 Carvair aircraft of Air Express Limited, was challenged in the High Court of Australia by Ansett Transport Industries Limited. [More…]
Ansett Transport Industries Limited obtained an interim injunction from the High Court restraining the Secretary from giving import permits to both IPEC and Air Express. [More…]
Arguments on the question of law were heard before the full High Court, and on 4 March the High Court reserved its judgment. [More…]
The High Court has not yet handed down its judgment, and in the meantime the injunction against issuing the import permits remains in force. [More…]
What are the nature and cost of the works of art for the High Court building on which Messrs Mollison, Cobden and Shannon are advising the Chief Justice (Hansard, 19 October 1976. page 2005 and 9 December 1976, pages 3702 and 3730). [More…]
by omitting sub-section ( 1 ) and substituting the following sub-section: ‘( 1 ) A person shall not be appointed as a presidential member of the Tribunal unless he is a Judge of a Federal Court, not being the High Court or a court of an external Territory. [More…]
1 ) The judgment handed down in the High Court related specifically to the case of Karen Green. [More…]
1 ) Why has the Government not decided what interpretation should be placed on the judgment handed down in the High Court with regard to school leavers and the unemployment benefit. [More…]
At the present time ‘proceeding’ means proceedings before the High Court or any court created by Parliament. [More…]
1 ) How many appeals has the Commissioner of Taxation made to (a) the High Court of Australia, (b) the Federal Court of Australia and (c) the State Supreme Courts during the years (i) 1975, (ii) 1976 and (iii) 1977. [More…]
What is the average cost to the Commissioner of an appeal to the High Court [More…]
The first point- when I first heard it I thought that it was rather interestingwas that the Commissioner of Taxation has had a much lower success rate in appeals to the High Court than in the lower courts, where the success rate is 70 per cent. [More…]
In the High Court the success rate is only about 40 per cent. [More…]
I would have thought that the reason for that might be that by the time the cases had reached the High Court it would be known whether the Taxation Commissioner– [More…]
Mr Bhutto’s counsel has now concluded his case to the Supreme Court appealing against Mr Bhutto’s conviction and death sentence handed down by the Lahore High Court on 18 March 1978. [More…]
Because the High Court of Australia made a decision in favour of the Australian Wheat Board within weeks of the commencement of the 1978 harvest, can the Minister inform the House whether the Wheat Board intends applying the new powers given to it by the decision in an inflexible manner or whether there is any indication that the Board will adopt a softer line during the current harvest for people who have made firm commitments under the old arrangements? [More…]
-Yesterday the Deputy Leader of the Opposition (Mr Lionel Bowen) raised a matter which he said flowed from the High Court decision on Thursday last in the Sankey case. [More…]
The Deputy Leader of the Opposition pointed to the declaration of the High Court that when Crown privilege was claimed by the Government in court proceedings it was the duty of the court, and not the privilege of the executive government, to decide whether a document will be produced or may be withheld. [More…]
The High Court’s decision in the Sankey case relates to the withholding of documents, on the ground of executive privilege, from a court the duty of which court is finally to determine issues between the parties, which determination gives its judicial opinion the force of law. [More…]
Cottee who (a) was the principal of an organisation known as Metro- West Broadcasters Limited which was unsuccessful in its application before the now disbanded Broadcasting Control Board for a radio transmitting licence for the north western areas of Sydney, (b) brought proceedings in the High Court against two previous Ministers for Post and Telecommunications to restrain those Ministers from issuing the licence to the applicant recommended by the Broadcasting Control Board, (c) was also the principal of Metro-West Broadcasters Limited which was also an unsuccessful applicant before the Broadcasting Tribunal for a radio transmitting licence for the western area of Sydney and (d) has been, or is, holding prominent positions in the Liberal Parry of Australia. [More…]
This Bill is a companion Bill to the High Court Justices (Long Leave Payments) Bill 1979 and makes similar provision for payments in lieu of long leave not taken upon the death in office or the retirement of a Federal or Territorial judge or a person who, by virtue of an Act, has the same status as a judge. [More…]
I have been advised that a criminal case such as the one mentioned by the honourable member cannot be taken to the High Court on a matter of criminal appeal. [More…]
On how many sitting days did each Justice of the (a) High Court, (b) Federal Court of Australia, (c) Supreme Courts of (i) the Australian Capital Territory and (ii) the Northern Territory and (d) Family Court of Australia sit during (A) 1976 and (B) 1977. [More…]
The honourable member for Dundas (Mr Ruddock) implied that to be a High Court judge a person had to be a lawyer. [More…]
A person does not have to be a lawyer to be appointed as a High Court judge. [More…]
The point which I made and which the honourable member for Dundas failed to mention, was that under the Constitution- I did not refer him to the Bill- a man does not have to be a lawyer to be appointed to the High Court. [More…]
Mr Speaker, I wish you would tell the honourable member for Dundas to get down off his pedestal and that in the appointment of a High Court judge we are controlled by the Constitution, not by this legislation. [More…]
The qualifications of a Justice of the High Court shall be as follows: He must be either or have been a Judge of the Supreme Court of a State, or be or have been a practising barrister or a solicitor of the High Court or of the Supreme Court of a State of not less than five years’ standing. [More…]
Further, at the unanimous request of the State Governments, my Government will introduce legislation which will have the effect of enabling the States to receive the revenue from receipts duty which they would otherwise lose as a result of the High Court Judgment of 19th February. [More…]
I believe that he is right in his assumption that the Constitution is silent on the question of income tax, but I would point out to him that there have been High Court cases on the subject of the right to levy income tax and that the High Court, as the legally and properly constituted interpreter of the Constitution, has brought down judgments which have led to the present situation. [More…]
The High Court has ruled that the Government could take all the land of Papua-New Guinea. [More…]
The High Court has ruled in effect that the exercise of sovereign power over land by the Germans before us and by us now is established as valid. [More…]
My Government will prepare legislation for creation of a Commonwealth Superior Court to relieve pressure on the High Court. [More…]
Only a week before the High Court judgment, the present Treasurer (Mr Bury) nominated the receipts tax as the most appropriate growth tax for the States, and even suggested that it could be used to raise $800m rather than a mere $80m a year. [More…]
However, any Australian who identifies himself and who is clearly not an immigrant in the sense in which this term has been defined in a series of High Court cases cannot be prevented from entry. [More…]
I am not a constitutional lawyer nor am I a member of the High Court but I should like the honourable member to explain what he meant by that statement, particularly as this interview must have been watched by thousands of people like myself. [More…]
I refer particularly to the very good work that is being done by the Australian Conservation Foundation of which the Chief Justice of the High Court, Sir Garfield Barwick, is President. [More…]
1 doubt whether today the High Court would give so limited an interpretation. [More…]
I rather believe that the High Court might now be inclined to give to this power some of the generous interpretation that it has given to the arbitration power or to section 92 of the Constitution. [More…]
At present an appeal may be made from a decision of a county court to the High Court and ultimately to the Privy Council. [More…]
There will be a further and final appeal to the High Court but only by the special leave of that court. [More…]
If honourable members opposite had even a basic knowledge of constitutional law they would know that the High Court has said that implicit in the Australian Constitution is the separation of the executive and the legislative functions of government. [More…]
This proposal was challenged by the South Australian Government in the High Court of [More…]
A High Court decision was brought down to the effect that if the project had been proceeded with it would have been damaging and disastrous for South Australia. [More…]
We cannot contradict the fact that at the time the Snowy River scheme was being developed South Australia withdrew an injunction in the High Court of Australia in return for Chowilla. [More…]
I might say that Sir Garfield Barwick, a former member of this House and a Minister and now the Chief Justice of the High Court of Australia, is the Chairman of the Conference.I am sure that all honourable members will join with me in welcoming them to this House. [More…]
Sir Percy Spender urged that the views he had expressed should be tested in the High Court of Australia. [More…]
But I should mention also that in August 1969, in the case of Bonser v. La Macchia the Chief Justice of the High Court of Australia and Mr Justice Windeyer look occasion to state their considered opinion on the respective off-shore rights of the Commonwealth and the States. [More…]
All 6 members of the High Court rejected this contention. [More…]
The judgments of the Chief Justice and Sir Victor Windeyer do not therefore constitute a formal decision by the full High Court. [More…]
If the States are not prepared to accept as definitive the judgments of the Chief Justice of Australia and Mr Justice Windeyer in Bonser v. La Macchia, it is their right to commence proceedings which will raise squarely for decision by the full High Court any issues they wish to contest. [More…]
He must find out what it is; what the laws are of other countries concerning this subject; whether there are any international conventions which must be dealt with; whether it is constitutional; and what the High Court has said about the various aspects of the matter. [More…]
How can I do this and, at the same time, fool the High Court?’ [More…]
Unless a member of this Parliament, whether he be a Minister or a backbencher, has had the advantage of silting with a parliamentary draftsman and being able to see a man who, on the other side of the table, can tell a member in a flash what it is that he wants to know and who seems to know all that is to be known about every subject at hand and also knows what the High Court has said about that subject in years gone by, that member does not appreciate just what remarkable and extremely experienced men these draftsmen are. [More…]
In fact he can only sketch out certain limitations and hope to God that the High Court of Australia will deal with the best .that he has been able to do within the limits that are imposed upon him by prior decisions of the High Court on one hand and the whims, caprice or political motivations of the Government on the other. [More…]
Let us take, for instance, section 92 and all that it means or has been interpreted by the High Court to mean. [More…]
The High Court of Australia has held that, as a matter of constitutional law, laws for the government of a territory can operate wherever territorially the authority of the Commonwealth runs. [More…]
How many appeals to the High Court from the Supreme Court in each Territory and from each Federal Court were (a) instituted and (b) heard in 1969. [More…]
How many (a) taxation matters and (b) industrial property matters were heard by (i) single justices and (ii) the Full Court of the High Court in 1969. [More…]
How many cases were (a) set down for hearing and (b) heard by single justices of the High Court in 1969. [More…]
The number of appeals (including applications for leave or special leave to appeal) to the High Court from Territory Supreme Courts and Federal Courts (including, for the purposes of the answer, as in the answers to similar questions last year and in 1967, State Courts exercising federal jurisdiction) was in 1969 as follows: [More…]
But if the Commonwealth would give us an assurance that we could meet soon after the election for the purpose of further discussing our difficulties, with the Commonwealth attitude not being one that it is going to take away from the States all it can as a result of the High Court predictions - if ] can call them predictions - I would feel happier about the whole thing. [More…]
Following consideration of proposals presented by the National Capital Development Commission, Cabinet has approved the siting of the High Court and the National Art Gallery in the north eastern sector of the parliamentary triangle - that is, in the area between the Administrative Building and the lakeside. [More…]
Preliminary planning will also proceed in respect of the High Court building. [More…]
High Court and National Gallery SitesMinisterial Statement, 13th May 1970 and move: [More…]
I must hasten on to the other matter mentioned in the Minister’s statement, namely, that a permanent site has been selected for the High Court of Australia building. [More…]
For the full time during which there has been legislation covering the High Court of Australia, that is since 1903, there has been provision for a site to be fixed for the High Court. [More…]
Nothing has been done about this until now; so the High Court has had a somewhat nomadic existence. [More…]
On and after a date to be fixed by Proclamation the principal seat of the High Court shall be at the scat of Government. [More…]
Until the dale so fixed, the principal seal of the High Court shall be at such place as the Governor-General from time to time appoints. [More…]
Of course, this is understandable because the Government had dragged its feet in proposing sites for the erection of the High Court of Australia and the National Art Gallery and in providing the necessary accommodation for the Principal Registry under the Conciliation and Arbitration Act. [More…]
In relation to the building of both the Art Gallery and the High Court of Australia 1 hope that something more concrete than the extremely brief statement of the Minister will be brought into the Parliament quite soon. [More…]
When the Labor Party introduced a medical scheme with a schedule it was thrown out on various technicalities, including the fact that the High Court of Australia ruled that it was conscription to require doctors to use a government form. [More…]
Since then, relying on High Court decisions and Sir Percy Spender’s view, the legislation is to be from the low water mark. [More…]
It was this: The offer which had been made - which the former Minister for National Development had been authorised to make - in fact had been ruled unconstitutional by the High Court of Australia in the case of Bonser v La Macchia. [More…]
He told us that 2 of the bench of 5 of the High Court made comments at the time of a judgment in the case of Bonser v. La Macchia. [More…]
This could equally well have meant that the discussions or negotiations - to use the honourable member’s words - ought to halt at that point because there had now to be another decision made, a decision which the Commonwealth is seeking in this legislation, the final and irrevocable decision to be made by the whole bench of the High Court which is the supreme authority to determine who has the sovereignty over these territorial waters. [More…]
In terms of what was done, I have presented in the last few minutes my view that the Commonwealth is under an obligation to have the High Court decide the sovereignty over this area. [More…]
Personally I would like to have seen this achieved in harmony and goodwill with the States, with perhaps the Commonwealth paying the expenses of the court case because it is not possible under our Constitution, as I understand it, for there to be any kind of hypothetical judgment or hypothetical case presented for judgment by the High Court, and some kind of actual litigation must proceed. [More…]
Nobody thought of anything else until the indication came from the High Court that powers were different. [More…]
The purpose of the group of 5 Bills is to provide the legislative framework for the imposition by the Commonwealth, at the request of the States and for their benefit, of a duty on business receipts so as to achieve the general result that the States do not lose revenue as a consequence of the High Court decisions invalidating the receipts duty legislation of the States in its application to certain types of receipts. [More…]
Accordingly, when the High Court decision in the Hamersley case cast doubt on the constitutional validity of the receipts duty legislation of the States in its application to certain types of receipts, the Prime Minister (Mr Gorton) indicated last September that the Commonwealth would see that the States did not lose revenue in 1969-70 in the event that this doubt was confirmed. [More…]
At a further Premiers Conference held on 26th February 1970 following the High Court decisions given on the previous day, the Premiers requested, and the Commonwealth agreed, that the Commonwealth legislation should have continuing operation beyond 30th June 1970. [More…]
lt was only after the industry leaders had considered the implications of the CEMA plan and had’ waited until they had seen the effects of the High Court challenges to CEMA that they realised that here was an opportunity to convince the Government that it had some opportunity for legislative machinery to carry out a scheme for the great dairy industry of this country. [More…]
When the present Chief Justice of the High Court of Australia was Attorney-General he made a statement in this House that he refused to hand over a war criminal who was responsible for some 3,000 or 4,000 deaths in a Balkan country - a crime of which there was overwhelming evidence. [More…]
Two cases relating to these taxes have been decided by the High Court of Australia. [More…]
The decisions in those cases were that a large part of the receipt taxes that were being imposed by the States of Victoria and Western Australia were unconstitutional because they were, in the view of the High Court, excise taxes, and the Constitution provides that only the Commonwealth may levy an excise. [More…]
In fact, it is rather strange that, according to the High Court, this is about the only portion of the Act that is valid - and the part relating to payment on services. [More…]
Whilst it is not said in the legislation that the Treasurer or the Prime Minister has similar assurances from other States that they intend to do this, the taxing of wages is specifically excluded, but I merely point out that it is still - according to the High Court of Australia - competent for the State to impose the tax in terms of wages and services. [More…]
lt is common knowledge that this measure has arisen out of the problem concerning the Hamersley case and the excise issue which was decided by the High Court. [More…]
It is pertinent to say that in this matter the High Court - and this may be applicable to other measures which are proposed - has, in the words of Sir Henry Bolte, not been very favourable to the States. [More…]
A Bill in that State imposing similar rates although different in some legal aspects - the High Court judgment had not been given - was passed in late 1968. [More…]
The sole basis for justification, in terms of State sovereignty, has been swept aside by the High Court. [More…]
The origins of this legislation lie in the High Court’s decision that a receipts duty can be an excise or customs duty in terms of section 90 of the Constitution, which makes the right to levy such duties exclusive to the Commonwealth. [More…]
The Bills before the House impose a Commonwealth tax on all business receipts, not just those which were declared invalid by the High Court. [More…]
These 2 Bills cover the entire field to which section 90 applies and therefore the field to which the High Court decision relates. [More…]
Why has it imposed taxation beyond the area declared invalid by the High Court? [More…]
We do, however, believe that the Commonwealth should fulfil its undertaking to compensate the States for the loss of revenue brought about by the High Court’s decision. [More…]
It is not whether the Stales should be compensated for the revenue they have lost due to the High Court action. [More…]
His legal judgment was astray, and now the Commonwealth has undertaken, quite properly, to compensate the States for the loss of revenue which they have suffered through the High Court’s invalidating of the legislation which the Commonwealth urged the States to adopt. [More…]
A glaring example is the equal pay case which was deliberately delayed by reference to the High Court. [More…]
Has the death of the late Mr Justice Wright made it necessary for the Association of Professional Engineers of Australia to abandon its High Court action against the Commonwealth Arbitration Commission’s decision to disregard the view of some of its own members in favour of the view taken by the Public Service Board on salaries for professional engineers. [More…]
1 understand that the Association of Professional Engineers, Australia has decided not to proceed with its proposed High Court application concerning the Conciliation and Arbitration Commission’s decision in the professional engineers case. [More…]
In the States an appeal from a Determination of the Commissioner may be made to a County Court or similar Court and any further appeal lies to the High Court. [More…]
In the Australian Capital Territory and the Northern Territory appeals may be made from a Court of Petty Sessions or a Local Court to the Supreme Court of the Territory and thence to the High Court. [More…]
Did the High Court in 1957. in the case of R v. [More…]
The High Court’s judgment in the case to which the honourable member referred seems to have overcome the apparent fault in the system of registration of organisations under the Conciliation and Arbitration Act mentioned in the judgment. [More…]
In this case the High Court decided that if an organisation has validly enlarged its eligibility conditions so as to represent a group extending beyond the particular industry in or in connexion with which it is registered, the fact that the description of the industry is not wide enough to cover the classes of employees who have become members of the organisation does not deprive the organisation of the capacity to represent and formulate industrial claims in the interests of that group. [More…]
In the 13 years which have elapsed since the High Court’s decision, the ‘apparent fault’ does not appear to have been a cause of concern to either employer or employee organisations. [More…]
I ask the AttorneyGeneral whether, in view of the anomalous position that has arisen in the States following a recent High Court decision, he will consider the desirability of introducing Commonwealth legislation to overcome the present situation under which State criminal law cannot apply to Commonwealth property within a State? [More…]
There was no obligation upon the Commonwealth - no undertaking by the Commonwealth - to impose receipts tax; the obligation, the undertaking, is simply to compensate the States for the loss sustained through the High Court’s decision. [More…]
The same afternoon an affidavit was filed in the High Court of Australia seeking special leave to appeal to the High Court. [More…]
Full Court, lt is a further fact that there are 6 High Court judges in Sydney this week and that only 2 of them are occupied. [More…]
It should not be forgotten that the Chief Justice had the same material before him as Mr Justice Taylor had last week and at that time I remind the House that Mr Justice Taylor stated that there was an arguable case, yet with the High Court the matter could not even be heard. [More…]
Last night he came to me in my office - I was pleased to see him - and he expressed his concern about the fact, so he alleged, that these 6 men in goal for contempt of court had been unable to get their case dealt with by a Full Bench of the High Court in the short time remaining between their application to the court by filing papers and the termination of their sentence. [More…]
I spent some time with the honourable member explaining to him that it was no part of my function as Attorney-General of the Commonwealth to intervene in any way so as to influence the justices of the High Court and, in particular, the Chief Justice of the High Court, who disposes the Court’s administration. [More…]
I explained that it was no part of my function as Commonwealth AttorneyGeneral to influence the Chief Justice or the justices of the High Court as to how they disposed of their business or ran the list of their cases. [More…]
Surely the Leader of the Opposition would be aware of the fact that before the High Court of Australia settled the matter of the validity of the receipts tax the 6 State Premiers of Australia asked the Prime Minister whether, should the tax be declared invalid, the Commonwealth would come to their aid. [More…]
Has the attention of the Attorney-General been drawn to the reported claim by the Queensland Minister for Justice that, in accord with the decision of the High Court of Australia in the Worthing case, when this House passes the Territorial Sea and Continental Shelf Bill that could lead to the successful establishment of floating brothels and casinos outside the control of the State police forces? [More…]
But really it is nothing short of fanciful to suggest, if he has suggested - and the newspaper report would indicate that he has - that the decision of the High Court in Worthing’s case has any application at all to the proposed legislation, which is designed to assert not ownership of the territorial sea - and that should be borne in mind - but Commonwealth legislative sovereignty over the territorial sea and continental shelf. [More…]
It could well be that there should be only one definition of ‘income’ to bring it into line with the thoughts of a former Justice of the High Court, Mr Justice Dixon, who, when asked to give a definition of income, was quoted as saying: ‘Income is what comes in’. [More…]
Honourable members may recall that last Thursday evening following a discussion on the behaviour of the High Court of Australia and my criticism of the relative priorities as the High Court saw them, the Attorney-General and the Minister for the Navy (Mr Killen) kept on taking points of order and claiming that one should not criticise the courts or the judges. [More…]
It is ridiculous for the Commonwealth Parliament to take the line that one can never criticise judges, can never criticise appointments to the High Court or to any of the other courts to which the Government appoints judges, or criticise their judgments. [More…]
If my recollection serves me, it was by way of a prerogative writ and went to the High Court. [More…]
When the matter went before the High Court and was dismissed the Chief Justice made some comments. [More…]
See the judgment of the High Court in The Queen v. Dunlop Rubber Australia Limited, ex parte Federated Miscellaneous Workers Union of Australia (97 C.L.R., 71). [More…]
I am advised that prior to the decision of the High Court referred to in (a) above, a succession of changes to the eligibility and industry rules of the Australian Workers Union produced that effect. [More…]
In 1958 Rio Tinto went to the High Court in an endeavour to stop an Australian Company, Australian Oil Exploration Ltd, from selling its holdings in Mary Kathleen Uranium Ltd to Kathleen Investments Ltd, then known as Mary Kathleen Investments. [More…]
Fortunately the High Court ruled against Rio Tinto, and Kathleen Investments took up the Australian Oil Exploration shareholding in Mary Kathleen Uranium. [More…]
High Court Procedure Act 1903-1966 [More…]
The defendant insurance company considered that the judge had made a mistake and that the damages were too high, and it appealed to the High Court of Australia. [More…]
The appeal had to go to the High Court because there is no intermediate court of appeal in the Australian Capital Territory - and this is another legal failure that should be sheeted home to this Government. [More…]
It asked for assistance such as would have been available to them had they lived across the border, say in Queanbeyan instead of in the Australian Capital Territory where the Commonwealth Government is responsible for their fate, so that if they lost the High Court appeal they would not have to lose a substantial part of their verdict if they were ordered to pay costs. [More…]
There was no reply to this letter and the solicitors eventually had to deliver a brief and incur costs in order to secure the services of a suitable barrister in Melbourne where the High Court was sitting. [More…]
In May of this year the High Court upheld the appeal of the defendant insurers and reduced the damages awarded from $34,478 to $19,549. [More…]
The High Court ordered the children to pay the costs of the defendant insurer and left them to pay their own costs. [More…]
If it turns out to be that way, the damages that these children will eventually recover will be about half of what even the High Court said they should receive. [More…]
This is an absurd result as was revealed in a High Court decision as long ago as 1957 in the case of L. W. Smith v. McErlane. [More…]
A statement was also made on this subject last year by the equivalent of a High Court judge in New Zealand. [More…]
It later went on appeal to the High Court of Australia. [More…]
After the application for legal assistance in connection with the High Court appeal, made on behalf of the infant plaintiffs, was received in my Department it was given consideration. [More…]
The procedure which is adopted in New South Wales is that such applications are entertained and decided after the litigation - in this case the High Court appeal - has been concluded. [More…]
It is true that the infant plaintiff’s solicitors were not informed in writing of this decision but I am informed - 1 sent for the departmental file on this matter - that shortly after 16th March, which was before the High Court appeal was heard, a Mr Roberts, a member of the firm of solicitors acting for the infant plaintiffs, was informed that he ought to write to the Department renewing the application for legal assistance after the High Court appeal had been determined should that appeal result adversely to his clients. [More…]
The honourable member for the Australian Capital Territory made some remarks about the administration of my Department in relation to the High Court decision in the case of Worthing v. Rowell. [More…]
to the effect that I and my Department were singularly lacking in foresight in failing to anticipate the decision of the High Court in the case of Worthing v. Rowell, which related to the applicability of State laws over property acquired by the Commonwealth for public purposes and should have legislated before this decision was made to obviate the need for litigation on this subject. [More…]
I hope that in those cases in which the honourable member for the Australian Capital Territory may still appear for clients at the bar he will be slightly more careful about the facts than he has been in relation to that case and the case of Jarasius v. Alyta because he seems, conveniently or inconveniently, to have forgotten that the decision of the High Court in the case of Worthing v. Rowell was given by a majority of 4 to 3 in favour of the proposition that certain State laws did not apply to properties acquired by the Commonwealth for public purposes. [More…]
As a law student he was an associate of two Justices of the Supreme Court of New South Wales, one of whom has since been appointed to the High Court. [More…]
I address a question to the Minister for the Interior and by way of preface I refer to a statement made on 13th May last by the Minister with regard to the siting of the High Court of Australia and the National Art Gallery near Lake Burley Griffin a short distance from Parliament House. [More…]
Will the Minister inform the House whether design studies for the National Art Gallery and preliminary planning for the High Court building are proceeding? [More…]
The decision of the High Court in the case of Esmonds Motors v. Nixon and the Commonwealth exposed many of these problems in such a way as to frighten the Government during the recent by-election. [More…]
He pleaded his case on the basis of a High Court case presided over by, if I remember rightly, the late Mr Justice Higgins and he won his case. [More…]
I asked the Minister for the Interior a question pertaining to the siting of the High Court of Australia and the National Art Gallery. [More…]
I asked the Minister whether design studies for the National Art Gallery and preliminary planning for the High Court building were proceeding. [More…]
I feel it is important in relation to the development of the Parliamentary Triangle that no unnecessary time be lost in arriving at a decision with regard to the High Court building and to the Art Gallery because as I understand it the development of the Parliamentary Triangle will have to be considered in relation to the design of the new parliament house which we know is probably a good many years away yet. [More…]
The first test of this section of the Constitution occurred when the High Court of Australia considered the case of Huddart Parker & Co. Pty Ltd v Moorehead in 1909. [More…]
The High Court held on that occasion that the Federal Parliament could not control the behaviour of the companies under section 51, placitum (xx) - the corporation power. [More…]
The Royal Commission on the Constitution in 1929 and the High Court deliberations on the banking case in 1948 also confirmed the opinion that was expressed by the High Court in the case Huddart Parker & Co. Pty Ltd v. Moorehead. [More…]
The Treasurer (Mr Bury) explained that this was being done at the request of the States, and for their benefit, the purpose being to ensure that the States did not lose revenue as a consequence of the High Court decision which invalidated their own receipts duty legislation as it applied to certain types of receipt. [More…]
Is it true that the High Court of Australia over a period of years has said that the defence power increases or decreases according to whether there is war or peace? [More…]
Did Mr Justice Williams say that this power is one that expands or contracts according to the dangers to the security of Australia and that the power is peculiarly one with respect to which it is the duty of the High Court to be satisfied as to the facts? [More…]
As there has been no referendum on conscription, as there is no state of war and as there are a number of servicemen who are prepared to defend this country but who are unable or unwilling to serve in Vietnam, will the Minister arrange for a test case, by way of a stated case, to be submitted to the High Court to determine whether the legislation which compels servicemen to fight in Vietnam in a time of peace is within the ambit of the defence power of the Constitution? [More…]
I think that the firstpoint to make to answer this question is that there is no power under the Constitution for a stated case to be made to the High Court. [More…]
For the High Court to decide an issue, there must be a matter before it for adjudication. [More…]
I assure him that it is open to anybody to take a matter before the High Court if that person is able to establish his or her locus standi, that is, his or her right to be there. [More…]
Therefore, one can only assume that, with the array of left wing legal advice that is available publicly and privately and that is proffered whether asked for or not and is volunteered constantly, there would have been a case before the High Court if any of those legal luminaries thought it could be challenged. [More…]
It has been held by the High Court that a person wishing to show that he is not an ‘immigrant’, and that he cannot constitutionally be excluded from Australia, has to show that he is ‘a constituent member of the Australian community’ or, in other words, that he ‘has his homein Australia, This means that people in the External Territories, who have not previously lived in Australia, can be as a matter of law prevented from coming to the mainland. [More…]
Loopholes of this nature were finally closed in Thompson’s case before the High Court in 1968. [More…]
This was the majority opinion accepted by the High Court and which is, of course, binding on all magistrates hearing conscientious objection cases. [More…]
This is a perfectly feasible projection of what can arise with the allencompassing definition of ‘any form of military service’ laid down by the High Court. [More…]
The major part of his argument went to the adequacy of a person claiming conscientious objection on the well known ground, which I can best put by referring to the words of the Chief Justice of the High Court of Australia, Sir Garfield Barwick: ‘A present conscientious belief which does not allow of participation in military service of any kind at any time’. [More…]
However, the Queensland Government felt some concern for the validity of legislation to give effect to this proposal in view of the judgment in O’Sullivan versus Noarlunga Meat Pty Ltd, where the High Court held that State legislation requiring the licensing of premises used for processing meat for export was invalid. [More…]
The decision of the safety licensing board can be taken on appeal to the American High Court also. [More…]
So the Chief Justice of the High Court said that it would be absurd to suggest that the Arbitration Commission could ignore the economic consequences of a wage fixing decision. [More…]
Equally, of course, the honourable gentleman will know that recently the High Court ruled that fire fighting was not an industry. [More…]
These measures might be described as the overhang, the vestiges, of what took place in this House on 12th June 1970 and subsequently in the Senate when there was an attempt to validate, by Commonwealth power, what had been declared unconstitutional by the High Court of Australia. [More…]
Many people took into account the invalidity of the legislation which operated from November 1969 to 30th September 1970, and relied on the validity of the High Court’s decision, lt intrigues me that a government which claims to subscribe to law and order should, when it suits it, be prepared to use any sort of subterfuge to validate what the supreme court in our constitutional system - the High Court - says is invalid. [More…]
However, we suggest that the Government should not be vindictive, lt seems to me that in many respects it is being vindictive towards those people who relied on the interpretation of the High Court. [More…]
The High Court rules, by a majority decision, that what had been regarded as a receipts duty tax was no such thing but that it was an excise that it was competent for only the Commonwealth to impose. [More…]
According to a Press clipping that I. have in my possession, on the same day as the High Court decision was announced there was a plea from the Premier of Victoria that even though the tax was invalid people should continue to pay it. [More…]
Those people who accepted the validity of the High Court’s decision and did not pay the lax will now be forced to pay the amount that the invalid law required them to pay. [More…]
Unlike the receipts tax on the sale of goods, the High Court has not, in an oblique fashion, invalidated the tax. [More…]
Having been defeated in the courts, the States said to the Commonwealth: ‘You get around the High Court decision by passing legislation of this kind!” [More…]
It was inconclusive because there were only 6 judges sitting on the bench of the High Court of Australia due to an unfortunate death on that bench. [More…]
Although it has survived one minor attack in the Tasmanian Breweries Pty Ltd case, its applicability to intrastate trade will depend on the ability of the Chief Justice to convince the majority of his colleagues in the High Court that it has regulatory rather than prohibitory operation under the principles stated in Hughes and Vale Pty Ltd v. the State of New South Wales. [More…]
This Bill is designed to meet the constitutional position disclosed by the decision of the High Court of Australia given last June in Worthing v. Rowell and Muston Pty Ltd and Others. [More…]
The High Court held by a majority of 4 Justices to 3 that the State legislation did not operate in the Richmond Air Force base. [More…]
Immediately after the High Court decision I communicated with the Attorneys-General of the States. [More…]
It was the unanimous view of the law Ministers that legislation should be introduced as quickly as possible to meet the position resulting from the High Court’s decision. [More…]
If there is doubt as to the position, will he consider the Commonwealth taking action in the High Court, if this is possible, with a view to the matter being decided before any relevant legislation is passed by a State Parliament. [More…]
The need for legislation such as this arises out of what can only be described as the legal complexities of our legal system which result from the Constitution as it has been interpreted by the High Court and the provisions of the Judiciary Act, and which have produced a dual system of laws creating Federal jurisdictions over some matters and areas and State jurisdictions over other matters and areas. [More…]
Sometimes the prohibitions are not immediately apparent, and this can be said to be the case in the section of the Constitution which, as it has now been interpreted by the High Court, has produced the necessity for this legislation. [More…]
As a problem, it bad never come before the High Court before. [More…]
Eventually, the case found its way to the High Court. [More…]
However, the extent of the difficulties posed by Worthing’s case were not readily apparent it appears even to the judges of the High Court who decided the case. [More…]
The draftsmen also had to be careful about re-enacting all the State laws as Commonwealth laws because different tests apply to determine appeals to the High Court and to the Privy Council when the appeals arise out of State law from when they arise out of Commonwealth law. [More…]
We believe that these defendants should be entitled to rely on the law as it has been declared by the High Court until it is changed by this Parliament. [More…]
We believe that if a person has a good legal defence, because the High Court has said so, he should not have it taken away from him retrospectively unless there are extremely compelling reasons, and we do not believe that sufficient reasons exist in this case. [More…]
I particularly want to draw the attention of the Government to a decision of the High Court of Australia given 57 years ago. [More…]
I refer to a case in the High Court between the Commissioners of the State Savings Bank of Victoria and Permewan, Wright and Co. Ltd in which it was held: . [More…]
32, the comments of some of the Justices of the High Court indicated that the subsection might not impose such a restriction upon the Commonwealth Industrial Court. [More…]
Is the Prime Minister aware of the statement made at the University of New South Wales by the Chief Justice of the High Court, Sir Garfield Barwick, when he described the slow pace of anti-pollution efforts and warned Australians against putting off the issue any longer? [More…]
The Prime Minister also said that if the High Court held part of the Act invalid, the Government would consider seeking more power by referendum. [More…]
He awaits, of course, belatedly the decision of the High Court in the Concrete Pipes case. [More…]
The Prime Minister has indicated that we will not know our constitutional power until the High Court gives a decision in the pipe companies case which is before it. [More…]
I do not know and he does not know the extent of the constitutional powers we now have and we will not know until after the High Court’s decision on the case before it. [More…]
But if the Trade Practices Act is ruled by the High Court to be invalid, action should be taken to see that we do get power to prevent collusive trading and unnecessary increases in prices. [More…]
The arbiter between the States and the Commonwealth and between the citizen and the Commonwealth is in all cases the High Court of Australia. [More…]
The point 1 want to make is that in British law there is a tradition built up over many years, that where a man has an allegation made against him of such a nature that he ought to deny it and fails to take the appropriate action to deny it then there is case law - law which has been established recently in the High Court of Australia in the Woon case. [More…]
Action to prevent his deportation was taken by him in the Supreme Court of New South Wales and then before the Full Bench of the High Court; but without success. [More…]
The other point that I would like to make is that pending the establishment of the Commonwealth superior court there will be no appeal from the Australian Capital Territory Supreme Court except to the High Court of Australia itself. [More…]
It is not reasonable to expect that the High Court should be concerned with appeals from decisions of judges of the Supreme Court of first instance. [More…]
In 1964, just before he became Chief Justice of the High Court, Sir Garfield wrote an article for the initial issue of the ‘Federal Law Review’, the journal of the Law School of the School of General Studies at the Australian National University, outlining the functions of such a court. [More…]
There are the Commonwealth or Federal courts, as one might refer to them, starting with the High Court and the Bankruptcy Court. [More…]
Mr Justice Gibbs is now on the High Court. [More…]
I would support the appointment of a judge of a Supreme Court or the High Court. [More…]
Since the pending High Court decision on the Trade Practices Act and the resale price maintenance legislation which the Attorney-General forecast yesterday are likely to be too late to affect the current dispute between Bourke’s, the Australian Council of Trade Unions store, and the Dunlop companies, 1 ask the right honourable gentleman whether the services of the Commissioner of Trade Practices can be made available as an arbitrator to determine whether in this case managed prices sustained by the withholding of supplies are contrary to the public interest. [More…]
1 would suggest that if similar actions were taken relative to the High Court or any other judicial body in the community the Minister concerned would be very seriously reprimanded by the judiciary and other people. [More…]
And internal competition can be increased if the High Court upholds the validity of the present Trade Practice* Act, both interstate and intrastate. [More…]
We ignore the wise remarks of the Chief Justice of the High Court of Australia, Sir Garfield Barwick, at our peril. [More…]
1 agree with what the honourable member for Hindmarsh (Mr Clyde Cameron) said, that when one refers to the slice which the wage and salary earner receives one includes the member of parliament, the High Court judge and the man who sweeps the street. [More…]
There must be 5 or perhaps 7 judges on the High Court to obtain a decision. [More…]
One of them is now a justice of the High Court of Australia. [More…]
All claims were disallowed by the Boards of Review but, in one case where an appeal to the High Court was lodged by a credit union, it was held that the company concerned was a co-operative company and conseqently entitled to a deduction for dividends paid to its shareholders. [More…]
A further appeal to the High Court claiming that a credit union is a mutual association is at present awaiting hearing. [More…]
The question of amending this area of the legislation is a matter which would not be considered before the appeal to the High Court referred to above has been determined. [More…]
I think the High Court once defined offensive behaviour as behaviour by an individual which is considered offensive to the person against whom it is used or someone closely associated with him. [More…]
It has been watered down by a decision of the High Court which has been criticised by a number of learned authors. [More…]
The passage then goes on to argue that an indictment does not mean what the majority of that High Court - it was 3 to 2 against, they were in the minority - said it meant. [More…]
I am not much concerned about the legalities of this and that and about what may have been said by some High Court judge 50 years ago or what may have been said in the fourteenth, fifteenth or sixteenth centuries. [More…]
(2) Has the High Court considered this decision. [More…]
and (2) The question whether the provisions of the Supreme Court Act 1935-1970 of South Australia and of the Rules made under that Act enable the judicial powers of the Commonwealth to be exercised by the Master of the Supreme Court of South Australia has been raised for decision of the High Court in a Special Case stated by Mitchel], J. on 8th March, 1971 in proceedings under the name of Knight v. Knight. [More…]
The validity of these penalties are almost certain to be tested in the High Court in the near future. [More…]
In putting the over all position of their beliefs as to the immorality of any sanctions, the representatives of the ACTU pointed cut that in any event on legal ground it appeared that something like $4,000 of the $10,200 arising under the amended legislation was invalidly imposed, and this will probably be the subject of a challenge in the High Court. [More…]
Has the Treasurer seen reports of a decision handed down by the Full High Court of Australia last Friday in a taxation case in which the Commissioner of Taxation appealed against a decision in what is known as the Casuarina case and in which the company concerned was successful in the appeal? [More…]
Does the Government have any intention to introduce amending legislation to rectify the situation disclosed by this decision of the High Court? [More…]
That was the decision by the Full High Court handed down last Friday: . [More…]
Friday’s High Court decision suggests that at least one major loophole has been found in the amendments which enables the spirit of the Ligertwood Committee recommendations to be avoided. [More…]
As it took the Government 3 years to translate the Ligertwood committee transactions in this area into legislation, about another 3 to find a convenient loophole and then a further 4 before it was finally judged by the High Court, it can be seen that Friday’s High Court decision left a sizeable hole in our tax laws. [More…]
I ask whether the Commonwealth will meet the costs of any appeal they make to the High Court of Australia and whether, on such an appeal, the Commonwealth will contend as strenuously as it did before the Supreme Court of the Northern Territory to uphold the unsatisfactory common law and ordinances which have frustrated the Aboriginals’ land claims? [More…]
No doubt the counsel and advisers for the Aboriginal plaintiffs also will be considering the judgment and whether they would wish to appeal to the High Court from it, as the Leader of the Opposition has suggested. [More…]
by leave - I rise to inform honourable members that the Government is examining the implications of the recent decision of the High Court in the income tax case Commissioner of Taxation v. Casuarina Pty Ltd, which has received wide publicity. [More…]
The High Court decision shows that companies which are in every real sense private companies, and were intended by the amendments made in 1964 to be taxed as such, are able to acquire the status of subsidiaries of public companies, and to be treated, in respect of dividends paid to them by other private companies, as public companies. [More…]
1 am pleased to note that the Government is examining what it calls the implications of the recent decision of the High Court. [More…]
Is it a fact that in 1957 Mr Justice Dixon, in giving judgment in the High Court in the Lunny and Hayley cases, severely criticised section 51 of the Act and said that if he were to be directed to review the section be would have misgivings about what conclusion he would reach? [More…]
The next point I want to make is that if the Aboriginals want to pursue their rights in the High Court they have every right to do so. [More…]
As to the lapse of time and any question of urgency associated with the matter, I would point out that when the proposal was suggested originally the list in the High Court, particularly in single Justice matters, was very greatly in arrears. [More…]
Of course, there is the possibility of an appeal to the High Court of Australia. [More…]
The Chief Justice of the High Court of Australia is an appointed official. [More…]
It will look a strange thing in a few months time if a challenge is taken to the High Court and 8 or 10 members of the Liberal Party, who constitute at that stage the Prime Minister’s majority, are declared ineligible to sit in this Parliament as holding an office of profit under the Crown. [More…]
The High Court had occasion to draw attention to another defect in the Act concerning the registration of eligibility rules of unions where the eligibility rules which were sought to be registered conflicted with the description of industry for which the union was registered. [More…]
No less an authority than the High Court drew the attention of the Government to what appeared to be a defect in the law. [More…]
On the question of demarcation the High Court has ruled that as the law now stands there is no power for a State industrial court or the Commonwealth Conciliation and Arbitration Commission to settle a dispute arising out of demarcation between the members of a State registered union and members of a State branch of a Federal union. [More…]
But the law as it now stands, according to the High Court, does not permit Arbitration Commissioners or the Arbitration Commission to settle any dispute that relates to management policy. [More…]
The High Court has spent the last 60 years telling the Arbitration Commission what it cannot do. [More…]
Even then the difficulty is not overcome, because the High Court has made yet another decision stating that a dispute does not exist unless the matter was referred to in the original log of claims served on the parties when the dispute was first created. [More…]
A lot of our trouble is to be laid at the doorstep of the High Court rather than of the Arbitration Commission. [More…]
What we need is the establishment of conciliation committees, once proposed by the Scullin Government but declared by the High Court to be illegal, thus preventing this method of settling disputes from being introduced. [More…]
But it has to be remembered that, when the High Court decided in 1930 that conciliation committees were illegal or unconstitutional because they became part of the Arbitration Court as it then was, it pointed out - it was correct in doing so - that a conciliation committee could not exercise judicial powers without being outside the scope of the Constitution. [More…]
One can only hope that in the pending concrete pipes case in the High Court there will be a decision giving a contemporary interpretation to the corporations power in our Constitution. [More…]
As I said during the inflation panic under the former Prime Minister at the time the House first met this year, if the interpretation by the High Court enables this Parliament to modernise and to strengthen the trade practices legislation, the Labor Party will certainly co-operate in that strengthening. [More…]
If: the High Court’s decision shows that the Commonwealth’s constitutional power is still inadequate the Labor Party will certainly support any referendum to modernise, amplify, that power. [More…]
If the High Court does not uphold the Commonwealth’s case in the concrete pipes case, the legislation will not cover internal trade in States other than Tasmania. [More…]
I fear we may have in the transition period - if the High Court of Australia decision gives this Act general application or if the States pass the necessary legislation - a substantial loss of income by many established small retailers and the failure of some of them. [More…]
Even if this legislation goes through and there is not a favourable decision from the High Court the position will be that intrastate transactions can still go on, The price fixing boys and the racketeers can play merry hog. [More…]
It took the Government 6 years even to get to the point where it was prepared to have the matter of the validity of- the Tribunal tested in the High Court. [More…]
is the dawn of realism, it will be a tribute indeed to the skill and the understanding of the former Attorney-General ‘ when he appeared before the High Court to argue this case on behalf of the Commonwealth in what is known compendiously as the concrete pipes case. [More…]
I think the House should not speculate too readily on the outcome of the High Court case, but if it is within power it will be because of the skill of my honourable and learned friend that the Parliament and the country can say: ‘Well, here it is. [More…]
As there is no provision in the Slates Grants Act 1970 to permit deductions to be made from the grants where a State, or ils authorities, do not pay pay-roll tax, it is necessary to include such a provision in order to meet the possibility that the High Court will uphold the challenge by Victoria and South Australia to the constitutional validity of pay-roll tax in its application to State governments. [More…]
In this regard I mention that, in the event of a High Court decision unfavourable to the Commonwealth, and the States, or some of them, deciding not to continue to pay pay-roll tax, the legislation would permit the Government to offset the loss of pay-roll tax revenue to the Commonwealth in future years, by making a deduction to the base grants to which the financial assistance grants formula is applied. [More…]
Pending a High Court judgment. [More…]
It is made even more complicated by the fact that Sir Henry Bolte has thrown out a challenge to the Commonwealth Government and has said: ‘Look, you are not going to receive pay-roll tax from me until this is tested in the High Court’. [More…]
One can appreciate the need for the grant of some $60m to compensate for the loss of the receipts duties that the States would otherwise have collected in the period from October 1970 to 30th June 1971, but which were made invalid by a decision of the High Court of Australia, which regarded them, insofar as they did not apply to wages and salaries, as a payment in the nature of an excise. [More…]
Both Victoria and South Australia have challenged the validity of the imposition of payroll tax in a case before the High Court. [More…]
It is suggested in the Bill that the High Court might reject the challenge on payroll tax and the States would then not meet their obligation. [More…]
I do not want to speak at great length on this, but 1 do think that it is important for some protest to be made in this Parliament about what appears to be the extremely high-handed manner in which this Bill has been framed, whereby the Commonwealth has reserved for itself virtually the right to take money out of the Victorian Treasury if the Victorian Government is able to prove in the High Court that the payroll tax which the Commonwealth has been levying against it is not constitutional. [More…]
If my memory serves me correctly, the South Australian Government has merely followed the lead of Sir Henry Bolte in this matter to the extent that, if the High Court of Australia does come to the decision that the imposition is invalid, this decision will apply to all States. [More…]
the legislation in earlier but I have been constantly holding off in the hope that the decision of the High Court of Australia in the payroll tax case would be delivered so that I could bring in legislation on the basis of that decision. [More…]
How many appeals to the High Court from the Supreme Court in each Territory and from each Federal Court were (a) instituted and (b) heard in 1970. [More…]
How many (a) taxation matters and (b) industrial property matters were heard by (i) single justices and (ii) the Full Court of the High Court in 1970. [More…]
How many cases were (a) set down for hearing and (b) heard by single justices of the High Court in 1970. [More…]
The number of appeals (including applications for leave or special leave to appeal) to the High Court from the Territory Supreme Courts and Federal Courts (including, for the purposes of the answer, as in the answers to similar questions asked by the honourable member in previous years, State Courts exercising Federal jurisdiction) in 1970 was as follows: [More…]
This interpretation was confirmed by the High Court in Thompson’s case of 1968. [More…]
The Bill also provides for an appeal to be brought to the High Court of Australia by leave of the High Court. [More…]
The High Court of Australia has ruled that a case does not need to be on indictment. [More…]
That is the law that the High Court is charged with upholding. [More…]
The High Court showed in several cases that whatever it thought of your economics, your law was atrocious. [More…]
On the question of economic policy, the then Chief Justice of the High Court Sir Owen Dixon, in 1953 used words of such clarity and wisdom that they would have put the Commission’s role beyond question 1 would have thought. [More…]
I address a question to the Prime Minister concerning the decision of the High Court of Australia in the concrete pipes case. [More…]
In 1909, in a case under the Australian Industries Preservation Act 1906, the High Court ruled in effect that this Parliament could not pass laws dealing with intra-State operations of such corporations. [More…]
Last Friday in a case under the Trade Practices Act 1965 the High Court overruled that 62 year old decision. [More…]
The Australian people and Parliament should acknowledge the drive and skill of the honourable, learned and gallant member for Berowra (Mr Hughes) who, on their behalf, secured this decision after litigation in the Commonwealth Industrial Court and the High Court. [More…]
The High Court judgment, it seems to me, does not permit the Australian Parliament to pass laws for the incorporation or nationalisation of companies. [More…]
It was repealed just after the High Court had shown in several decisions that the Act had much more force than was usually thought. [More…]
In February 1965 the High Court unanimously held that this section was a valid exercise of this Parliament’s powers. [More…]
If the High Court does uphold the validity, the Act can be strengthened and iead to more internal competition. [More…]
I can very briefly touch on other subjects on which the Parliament can now pass laws in the light of the High Court decision. [More…]
Again under the High Court decision the Parliament can now pass national laws dealing with the securities markets, with securities and exchange - the stock exchanges. [More…]
Finally, under the High Court decision the Parliament can now pass laws on overseas control of our companies. [More…]
the matters which I have mentioned we can now in this Parliament, thanks to last Friday’s historic decision by the High Court, at last achieve national codes in matters which concern the welfare of all Australians. [More…]
I agree that the decision of the High Court last Friday was a most important one. [More…]
The High Court by majority held important provivisions of the Trade Practices Act to be invalid. [More…]
Honourable members will doubtless have read in the Press that the High Court held, by a majority of 5 to 2, that the Trade Practices Act did not validly require the registration of the agreement. [More…]
For the Commonwealth to succeed it was necessary for the High Court to overrule an earlier decision of the Court in the case of Huddart Parker v. Moorehead which was decided in 1909. [More…]
In that case the High Court had held that the Australian Industries Preservation Act, which was the forerunner of the present Trade Practices Act, did not validly apply to corporations in respect of their intrastate trading activities. [More…]
This decision has now been overruled by the High Court, which has made it clear that the corporations power in the Constitution can be used to support legislation dealing with restrictive trade practices of foreign and trading and financial corporations formed within the limits of the Commonwealth, that is, whether they are trading interstate or intrastate. [More…]
To say that the High Court’s ruling on paragraph (xx) should lead the Commonwealth immediately and perhaps without consultation with the States to attempt to take over this area is something which has really been said without being thought through. [More…]
We should reflect, for example, on the fact that in 1909 our High Court declared in the Huddart-Parker v. Moorehead case that 2 sections of the Australian Industries Preservation Act 1906 were invalid. [More…]
However, for practical purposes they were repealed and declared invalid by the High Court 62 years ago. [More…]
We have now been told by the High Court that that decision was wrong and that those sections were validly enacted. [More…]
The same High Court has now told us that we do have the power that it said in 1909 we did not have. [More…]
It is against the traditions of the High Court to tell us from a drafting point of view how we should go about trying again and it is theoretically possible, as I am sure lawyers will appreciate, that we could try again and we could again run into some unforeseen trouble. [More…]
This very restrictive trade practices legislation which the High Court has now held to be invalid, but for reasons not associated with lack of power but for reasons more the result of attempts to overcome a fear that there was a lack of power, has been the vehicle whereby the High Court has told us that we have had the power all the time. [More…]
One wonders, of course, how many other opportunities exist somewhere in the Australian Commonwealth through the imaginative use of legislative power, properly tested through the High Court and perhaps used, explored or revealed by the use of referendums. [More…]
It is becoming more and more difficult as times goes by because the High Court itself seems to be changing. [More…]
It seems to me that our experience proves one thing beyond doubt and that is that given the Constitution that we have and given our High Court made up of people who live within our society, any Parliament worth its salt must make more extensive use of the High Court to obtain judgment on legislation that is of doubtful validity so that we will quickly build up a body of law that is in keeping with our modern conditions. [More…]
The recent decision of the High Court has indicated that there is one major source of that power which is now ready and available for use. [More…]
I think there would be very little argument about that, but some of the recent decisions of the High Court have thrown doubt upon it and changed it. [More…]
I have no need to emphasise the importance of the decision that was given by the High Court of Australia on Friday. [More…]
This Government has an opportunity as a result of last Friday’s decision of the High Court of Australia, to make a great impact for the public good upon the commercial life of this country. [More…]
Reading between the lines, the decision of the High Court seems to point to that also. [More…]
The decision of the High Court seemed to point to the fact that we have powers at our disposal which we have not used. [More…]
I do not suggest that even with the light that has been thrown now on those sections by the judgment of the High Court this Government has very much intention to act on this matter. [More…]
But what I cannot understand is the attitude of the Opposition in coming into this place today - Tuesday - to castigate and to criticise the Government for its lack of activity when it was only, after all, last Friday that the High Court handed down its judgment. [More…]
It is not simply a matter of the High Court handing down last Friday a momentous decision, which indicates a wide extent of Commonwealth power and the Opposition then coming to the Parliament on the following Tuesday to castigate the Government for not immediately having on the statute books legislation which might in the long run be worth while but which is not there now. [More…]
First of all, with regard to corporations the High Court has now made an historic decision. [More…]
Here 1 would say ‘in the history of the High Court’. [More…]
This High Court decision will confer powers on the Government in Canberra that must be used, that ought to be used and that can be used in the general interest. [More…]
It is quite possible that the High Court judgment in the concrete pipes case means that the Commonwealth has the power to control prices. [More…]
All the commentators that I have read in recent times are indicating to the Government that it is about time it made use of those powers that have now been confirmed by the High Court, in devising more effective means for controlling the price structure as well as other elements in our national economy. [More…]
It also refers to the cessation of the receipts duty tax that the States had attempted to levy but which the High Court determined they could not levy because it was in the nature of an excise. [More…]
The High Court ruled in favour of the Commonwealth, suggesting that the Commonwealth did have that right. [More…]
The tax is imposed upon the very organisations on whose behalf Sir Henry Bolte challenged the Commonwealth in the High Court and those organisations must still go through the rigmarole of having a grant paid to them at the beginning of each year and having to return part of it to consolidated revenue by way of payroll tax. [More…]
The High Court decision on the restrictive trade practices legislation shows how he laid the foundations to control and regulate big business. [More…]
A decision of a Court on anappeal under this section is final and conclusive except so far as an appeal may be brought to the High Court by leave of the High Court.’. [More…]
Finally, in relation to the appointment of a commissioner for conscientious objection the amendment provides for an appeal from the magistrate to a court of a State or Territory of not less than 3 judges and finally an appeal to the High Court of Australia by leave of the High Court itself. [More…]
It is case law reaching up to the High Court, the highest court in the land, and it is in practice drawn on almost every day. [More…]
The third broad purpose of the amendment is to broaden the right of appeal but that is already quite adequately provided for, including access to the High Court by leave of that Court. [More…]
In April of this year the High Court of Australia decided, in the case of Capital T.V. [More…]
The High Court’s decision has accordingly disclosed a need for the tenure of the Judges of the Territory Court to be provided for by statute and the present Bill makes such provision. [More…]
The requirement of the Bill that Judges retire at seventy is subject to an exception in the case of a Judge who held office in the Supreme Court of the Australian Capital Territory or the Northern Territory on the date of the High Court’s decision in the Capital T.V. [More…]
The need for amendment of the Act in relation to the tenure of office of judges was disclosed by the decision of the High Court of Australia in the case of Capital TV and Appliances Ltd v. Falconer. [More…]
Would the Australian Apple and Pear Board be able to issue a sole licence to the Authority and if so would this be challengeable in the High Court? [More…]
My Party has always believed that what ought to have been done here is to treat these fringe institutions as though they were banks and to legislate accordingly and if the legislation was challenged in the High Court then the Government could proceed to seek powers by way of referendum. [More…]
Despite all the brilliant constitutional lawyers who suggested that it was not competent for the Commonwealth to legislate, apparently the High Court in the recent trade practices decision indicated that the coast was quite clear for any government in Australia to legislate in this field and I hope at last that that field will be entered fairly quickly and we will not again have to await protracted examination before some sort of skeleton attempt is made to grapple with it. [More…]
It is not that the Constitution has changed so much but it is the interpretation of the High Court of Australia that has changed. [More…]
Indeed we never know until we go to the High Court what the Constitution means. [More…]
Now we go to the High Court to discover the answer which is as much veiled from the common eyes as the message of the entrails of birds was in earlier times. [More…]
The ordinance contains a provision that was interpreted in a High Court decision, Smith v. McErlane, as far back as 1962, 9 years ago. [More…]
Nothing has ever been done to remedy and overcome by subsequent amendments in the Workers’ Compensation Ordinance of the Australian Capital Territory that High Court decision in Smith v. McErlane. [More…]
I draw attention to the fact that this matter is at present before the High Court and some implications could arise. [More…]
The Minister made the statement and there was a response to it, but the matter is now on the notice paper and I do not think it could come forward for debate until the High Court has made some decision. [More…]
Of course, when Mr Callaghan wrote that in October 1970 we did not have the decision in the Rocla pipes case and it seems that as a result of that case it has been affirmed by the majority of judges in the High Court that what the Australian Labor Party had asserted for a good many years was necessary, but which was always howled down as unconstitutional, was in fact constitutional all the time. [More…]
The Labor Party suggested at least 10 years ago that hire purchase, consumer credit, fringe banking or whatever you like to call it should be regarded as banking and legislation should be enacted accordingly, and if anybody wanted to challenge it in the High Court, he could do so. [More…]
It has been maintained by my Party and by leading barristers that in view of previous decisions of the High Court and of the Privy Council we do not have any control over merchant banks. [More…]
Firstly, there is the matter raised by the honourable member for Melbourne Ports (Mr Crean) regarding the constitutional situation which flows from the decision of the High Court of Australia in the Rocla pipes case. [More…]
This aspect of the High Court judgment is under examination. [More…]
This aspect of the High Court judgment is under examination by the Government’s legal advisers and the scope of the Commonwealth’s powers should not be assessed at this stage as being allembracing. [More…]
A decision of the Commissioner on an objection may be referred to a taxation board of review for review and decisions of a board which involve a question of law may be taken on appeal to the High Court. [More…]
The Opposition does not oppose these Bills which result from, or rather were prompted by, a decision of the High Court of Australia this year in a case which is known colloquially as Capital TV Stores and Falconer in which it was pointed out, odd as it may sound, that the Supreme Court of the Australian Capital Territory and the Supreme Court of the Northern Territory are not Federal courts. [More…]
There is great difficulty in getting to the High Court. [More…]
The High Court, as it is often said, is a long way from Canberra wherever it happens to sit. [More…]
But the difficulty in which a litigant in the Australian Capital Territory finds himself is: What do I do about it if I want to do anything at all, the High Court being as far away as it is? [More…]
The first I have already given, namely, the remoteness of the High Court. [More…]
One would hope that, although it is not in the nature of an appeal as I read the Bill, it would obviate some of the risk taken in trying to go to the High Court, which as I said before, is a long way away. [More…]
It would not overcome, for example, the situation I described a moment ago of errors of fact, if they are errors of fact, made by a trial judge where there is no appeal from him to anyone other than the High Court, with its natural and understandable reluctance to interfere. [More…]
We recognise the other parts of the Bills as being made necessary by the High Court decision. [More…]
It would be desirable to do so in the interests of reducing the already heavy appellate work load of the High Court. [More…]
He referred to the difficulty of getting 10 the High Court. [More…]
There is also the question of the work load, the very greatly added work load imposed upon the High Court by the necessity of having to hear appeals from Territory supreme courts. [More…]
But the questions would be of such a nature and likely to recur with such melancholy frequency as to increase beyond suitable bounds the work load of the High Court in its constitutional supervisory role in relation to officers of the Commonwealth. [More…]
The judges of the superior court would be officers of the Commonwealth within the meaning of section 75 placitum V of the Constitution and therefore would be subject to review by the High Court in their decision by means of the prerogative writs of mandamus and prohibition. [More…]
In the result, those courts may exercise Federal jurisdiction in most of the matters in which the High Court has original jurisdiction. [More…]
If our aim be to reduce the increasing work load of the High Court, it can be achieved by investing State supreme courts and. [More…]
The original jurisdiction of the High Court under the various Federal taxation Acts ought to be abolished. [More…]
In other words, the position of the High Court exercising original jurisdiction as the appeals tribunal in copyright and patent matters ought to be eliminated and that jurisdiction ought to be confined to State supreme courts and Territory supreme courts where necessary. [More…]
The States would not thank us for interposing a Commonwealth superior court in some respects on the same level as, but in other respects seemingly between, the State supreme courts and the High Court. [More…]
The origin of the suggestion for a Commonwealth Superior Court was pressure on the High Court in its original jurisdiction rather than pressure in the appellate jurisdiction. [More…]
There is no pressure of which I am aware from the High Court, in relation to the quantity of appeals coming before it, for us to institute any filtering process in the Australian Capital Territory. [More…]
However, I accept the argument that so far as the litigant and the profession in the Australian Capital Territory are concerned, the High Court is some distance away. [More…]
In due course 5 members of the High Court found that the 3 members of the Supreme Court of New South Wales had erred in their ruling. [More…]
I would like to quote from the text of the judgment in the case Lunney v. The Commissioner of Taxation which was heard in the High Court of Australia in 1958 and in which there was an observation by the then Chief Justice, Sir Owen Dixon. [More…]
The Committee made the mistake of not really understanding the true High Court interpretation of the word ‘industrial’. [More…]
I suggest that what we must do is to alter the Constitution in order to enable the Parliament of the Commonwealth to establish industrial machinery for the resolution of all questions relating to, and the determination of, the terms and conditions of employment and the terms and conditions of contractual relationships with independent contractors; to extend Federal jurisdiction to State-employed teachers, nurses, police officers, fire fighters and the like; to give to the Commission power to grant applications for a common rule for all employers in a particular industry; to abolish the present system under which judicial and arbitral powers in industrial matters must be exercised by different bodies; to enable the Federal jurisdiction in industrial matters to be exercised by State industrial tribunals and wage boards; and to limit the High Court’s power of intervention to cases where a question of law is referred to it. [More…]
We have a whole host of High Court cases - 162 since Federation - trying to determine what the words ‘conciliation’ and ‘arbitration’ mean, and what is meant when we say ‘prevention or settlement of disputes’. [More…]
But look at the decisions of the High Court since then. [More…]
The High Court has said so. [More…]
The actors who were on the stage when the fire broke out also were carrying on industrial pursuits, according to the High Court. [More…]
However, the person who has come along and put the fire out is not covered by the industrial powers of the Commonwealth because he is not, according to learned judges of the High Court engaged in an industrial pursuit. [More…]
Mr Justice Walsh alone of all of the High Court judges could see that the test that ought to be applied is not what the employer’s industry is but what is the calling of the employee. [More…]
High Court which said that there is no power within the Commonwealth Constitution to deal with managerial policy. [More…]
The High Court said that this could not be done, conciliation committees consisting as they did of laymen could not exercise judicial powers of the Commonwealth. [More…]
If that is to be done it ought to be done quasi judicially through the Review Board or directly judicially through the High Court. [More…]
In the past it has been thought that Commonwealth powers were limited to television and radio, but the concrete pipes decision by the High Court makes is possible that the Commonwealth could control all forms of promotion by cigarette corporations. [More…]
The purpose of this Bill is to rectify a situation under the Matrimonial Causes Act disclosed by two recent decisions of the High Court of Australia. [More…]
However, last December the High Court held, in the case of Kotsis v. Kotsis, that the Registrar of the Supreme Court of New South Wales was not part of that court but was merely an officer of it. [More…]
The decision in Kotsis v. Kotsis was followed in May of this year by a further decision of the High Court in the case of Knight v. Knight, which related to the position of the Master of the Supreme Court of South Australia. [More…]
The High Court held that the position of the Master of that court was indistinguishable from that of the Registrar of the Supreme Court of New South Wales and that, accordingly, the Master lacked jurisdiction to make orders of the kind he had for some time been making. [More…]
The High Court’s decision in Knight v. Knight also cast doubt on a South Australian practice in accordance with which persons appointed as commissioners of the supreme court - usually retired judges - have purported to exercise the jurisdiction of the court in granting divorce decrees and making related order. [More…]
In the case of Knight v. Knight no order was actually made by a court officer, the matter having been raised for the High Court’s consideration by way of a case stated by a judge of the Supreme Court of South Australia. [More…]
However, in the many cases to which the Bill will apply, it will provide for the rights of persons to be as it was intended that they should be when the purported orders were made, and will place the persons affected in the same position as they believed themselves to be in before the High Court decisions which I have mentioned. [More…]
I wish to address my remarks on these estimates to the question of making more effective use of the knowledge gained by the Attorney-General and those people elected to Parliament in the course of looking atthe laws of the Parliament, and perhaps to the many deficiencies in those laws which we do not realise exist until a High Court decision is made. [More…]
The High Court has got itself into a mental gymnastic situation because in the first, say, 10 or 20 years - certainly until the engineers case - it believed that all the rights were with the States. [More…]
If one looks at them at another period one finds decisions all going another way simply because the human element, we might say, of the High Court has had to change; the High Court has had to look at modern conditions. [More…]
I intend to stick to the estimates of the Attorney-General’s Department which include appropriations for the Office of the Parliamentary Counsel, the Legal Service Bureaux and the Office of the Commissioner of Trade Practices as well as for the High Court of Australia and 10 other divisions. [More…]
Lastly I mention the High Court. [More…]
However, particularly following the High Court decision invalidating State receipts duties as they applied to certain types of transaction, it was clear that, notwithstanding these large increases in Commonwealth revenue assistance, it would be desirable for the States to have access to a new source of taxation to give them greater freedom and independence in revenue raising. [More…]
Was the right honourable gentleman correctly reported as telling a Press conference in Honolulu on 15th November that, following the decision of the High Court of Australia in the concrete pipes case, he felt a federal securities and exchange commission would be more appropriate than the establishment of such a commission in each State? [More…]
Parliament on 7th September 1971 following the decision of the High Court of Australia in the case of Strickland v. Rocla Concrete Pipes Limited and others - commonly referred to as the concrete pipes ca-e. [More…]
In his statement of 7th September the Attorney-General pointed out that the High Court had held that, due to the way in which the Trade Practices Act sought to use al! [More…]
The AttorneyGeneral ako pointed out that the High Court had made il clear that the corporations power in section 51 (xx) of the Constitution could be used to support legislation dealing with the restrictive trade practices of corporations and that the Government had accordingly decided that the immediate remedial legislation should be founded on that power alone. [More…]
Although certain provisions of the Trade Practices Act dealing with resale price maintenance were subsequently declared to bc valid by the Commonwealth Industrial Court there are substantial parts of the Act which have been rendered wholly inoperative by the High Court’s decision. [More…]
lt is clear from the High Court’s decision that there are large gaps in the effective operation of the Act. [More…]
This has been done in order to avoid problems of the kind disclosed by the High Court and, by facilitating the drafting, to avoid undesirable delay in the introduction of the Bill. [More…]
As 1 have made clear, the present Bill is a holding measure to deal as a matter of urgency with the immediate effects of the High Court’s decision in the concrete pipes case. [More…]
He had better go back to the High Court decision in the uniform taxation case. [More…]
The judgment and Order of the Full Court of be Supreme Court of the Territory of Papua and New Guinea in die case of Era Taoro Land (Daera Guba and others v. The Administration of the Territory , of Papua and New Guinea) insofar as it reversed , an earlier judgment and order in favour of The Administration of the Territory , of Papua and New Guinea is presently the subject of an appeal to the High Court , of Australia. [More…]
I refer in this connection to the decision of the Trade Practices Tribunal that an agreement relating to frozen vegetables was contrary to the public interest and to the important decision of the High Court in the Concrete Pipes’ case. [More…]
A holding Bill to overcome the legal defects that the High Court held existed in the present Trade Practices Act has been introduced and the Government has announced that it is currently reviewing the legislation with a view to strengthening it as soon as possible. [More…]
Further, following the High Court of Australia’s decision in the concrete pipes case, the Government has introduced legislation to overcome the constitutional defects that were found to exist in the Trade Practices Act, while it completes its examination of ways of strengthening the legislation. [More…]
The legislation that we have before us arises because of a decision which was given in the High Court of Australia in what was known as the Rocla Pipes case - that is a short description - or, correctly, as Strickland v Rocla Concrete Pipes Ltd. [More…]
When the legislation was declared invalid by the High Court the reason given was that had it been founded on the power that I have quoted, namely, the power of the Commonwealth with regard to corporations, perhaps it would not have been invalid. [More…]
When this legislation that we are now refining was contemplated its architect was Sir Garfield Barwick, now Chief Justice of the High Court of Australia. [More…]
The decision in the High Court was that no longer should there be any impediment to legislating in Australia in respect of financial corporations. [More…]
Of course, in Australia the present Chief Justice of the High Court, Sir Garfield Barwick, first introduced quite a progressive and completely definitive set of proposals in the early 1960s which were submitted to this House in 1962 by a former minister on behalf of. [More…]
The Bill before the House is a holding Bill brought about because of the High Court case, Strickland v. Rocla Concrete Pipes Ltd, which is commonly referred to as the concrete pipes case. [More…]
It appears to me that if this was challenged in the High Court it is not likely that the learned judges would regard persons as corporations. [More…]
These proposals were prepared in an exhaustive manner by one of the best legal brains the country has produced - Sir Garfield Barwick, now Chief Justice of the High Court of Australia. [More…]
Eventually the High Court came along and said that the old legislation was invalid for other reasons. [More…]
To come to what the High Court said about the possibilities and potential open to this Commonwealth Government, the Government has introduced a holding [More…]
It is legislation that has been made necessary as a result of a decision of the High Court of Australia, and reference has already been made to that decision in the case of Strickland v. Rocla Concrete Pipes Ltd and others. [More…]
It is holding legislation to fill a vacuum it created as a result of that High Court decision. [More…]
Otherwise the Commonwealth legislation would be declared null and void by the High Court. [More…]
The States would have to agree to any such scheme - otherwise it would be thrown out by the High Court. [More…]
One can judge the attitude of the Government from the performance of the present Minister for Foreign Affairs when he was Attorney-General in trying to stop the 2 justices of the High Court from giving and explicit decision in relation to the case that was before them. [More…]
It is now 15 years since there was a major reconstruction of the Conciliation and Arbitration Act as a result of the High Court’s decision in the Boilermakers’ Case which required the separation of the judicial and administrative functions of the then Court of Conciliation and Arbitration. [More…]
The Government cannot go to the High Court to get an order for mandamus because the High Court would have to be exercising arbitral powers in the definition of economic matters before it could grant the order. [More…]
Since the High Court judges do not know very much about the law in some respects, because they will turn the law upside down every now and again, how on earth can the Government expect them, even if they did have arbitral powers, to decide what the economic consequences of a decision of the Commission might be? [More…]
But the High Court has already ruled that it would be absurd for the Commission to ignore the industrial, social and economic consequences of its decisions. [More…]
We are members of the high court of Parliament. [More…]
Each announcement followed a decision of the High Court which showed a weakness in the present law of which taxpayers were taking advantage to avoid - quite legally - large amounts of tax which, in accordance with the policy of the legislation as approved by the Parliament, it was intended they should pay. [More…]
Unfortunately, as the High Court has pointed out, the 1964 amendments left a real gap. [More…]
One type of scheme was dealt with by the High Court in the case of Casuarina Pty Ltd and ruled legally effective. [More…]
In Western Australia, a person must have passed the prescribed examination in law or be a legal practitioner duly qualified under the Legal Practitioners Act of that State, or be a barrister or solicitor entitled to practice in any State or in the High Court of Justice in England or Northern Ireland. [More…]
I mention for the information of the honourable member that the question of the effects of regulation 8 is raised in legal proceedings initiated in the Supreme Court of Western Australia and currently before the High Court. [More…]
In the concrete pipes case the High Court of Australia recently appears to have reversed and invalidated the doctrine established in 1909 in the Huddart Parker case which has prevented the national Government from exercising this kind of power. [More…]
Let us compare the Government’s approach to this matter with its approach to increasing the salaries of High Court judges. [More…]
On the last occasion that the salaries of High Court judges were reviewed, the Government increased them by the princely sum of about $20 a day, or about $130 a week. [More…]
The Parliament, however, can take encouragement from the High Court’s decisions on the Trade Practices Tribunal. [More…]
I have no greater confidence than is prudent in how the members of the High Court may approach matters of economic regulation or planning. [More…]
Nevertheless in every cass on the Trade Practices Tribunal which has come before the High Court in the 6 or more years since the Barwick proposals were passed by the Parliament in a truncated form, the High Court has either upheld the Commonwealth’s powers or has indicated how valid legislation could be passed by this Parliament. [More…]
One always speaks tentatively in the field of constitutional law, knowing that decisions in the High Court go sometimes one way or another way on a very fine balance of numbers. [More…]
As I listened to the argument on this part of the issue I was reminded of the last matter of public importance that I debated in this House following the concrete pipes decision in the High Court of Australia. [More…]
That decision was handed down by the High Court on a Friday and lo and behold on the following Tuesday we were landed with a matter of public importance berating the Government for not having legislated to the full extent of its powers which had been elucidated by the High Court only 3 or 4 days before. [More…]
They will recall that there was a challenge in the High Court by one Sarina against the election of certain senators. [More…]
But the National Service Act said otherwise, and let me remind the House that the High Court of Australia, in a unanimous decision, said that the Act is a valid law of the Commonwealth Parliament. [More…]
The idea that a gentleman who occupies the high office of Leader of Her Majesty’s Opposition should say that a law not only passed by the Parliament but also declared valid by the High Court is a law that need not be obeyed - that is what saying that it is not a criminal matter means - is a matter for extreme regret. [More…]
A former Attorney-General, the present Chief Justice of the High Court of Australia, indicated that there was a need for such legislation, and during his term of office as Attorney-General he said that the Government was prepared to have a look at it and do something positive about it. [More…]
It was not until a decision had been given in the High Court in the concrete pipes case that it could be said with any confidence that the Commonwealth Parliament had power to legislate in this area. [More…]
We have seen the system appear to be operating in a practical way and on top of all this, we now have a High Court decision in the concrete pipes case which suggests very strongly that we have the power to come into the matter. [More…]
If so, and in view of relevant High Court decisions, what attitude does his Department take towards the decision of the Tribunal. [More…]
I ask the Minister and the Government to show that they have the conviction of their words and offer to finance a test case before the High Court on the meaning of the section so that this matter can be cleared up once and for all. [More…]
That may or may not be true - I do not challenge it - but what I do suggest is that Dr Evatt was not a judge of the High Court. [More…]
As far as individuals are concerned it will remain unchallenged because very few people who can qualify to draw unemployment benefits would be able to afford to finance themselves to a High Court challenge of the legislation merely to recover a few dollars. [More…]
I believe that the only way in which this matter can be settled is for a test case to be taken to the High Court. [More…]
If these honourable members are challenged in the High Court they might well have their seats declared vacant because they have accepted offices of profit under the Crown. [More…]
If so, is the Minister able to state the conditions under which the Commonwealth would provide financial support for a challenge by conservation organisations against the Government of New South Wales in the High Court. [More…]
Why will the Government of the day, if it has nothing to hide in relation to these Assistant Ministers, not say to the High Court of Australia: “This is the situation. [More…]
What would be more simple than for the Government to put to the Justices of the High Court submissions in respect to the activities these members are carrying out and the emoluments, expenses and allowances, if any, they receive and let the court decide whether they have been constitutionally appointed. [More…]
I have moved my amendment and 1 hope that it will be carried and if it is not carried, I hope some elector - I appeal to them - will go to the High Court and challenge the standing of Assistant Ministers because, in my view, backed up by the evidence of years gone by in similar circumstances, these Assistant Ministers have been unconstitutionally appointed. [More…]
I am pleased indeed that the Minister will not become a member of the High Court of Australia. [More…]
I hope that in the long run this will be the case in this country also and that people with these sorts of attitudes will not be entitled to be appointed to the High Court. [More…]
Except for the office of President, for appointment to which legal qualifications will be required, it will be possible, on the Bill becoming law, to appoint as a Deputy President a person who is or has been a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth of not less than 5 years’ standing; has had experience at a high level in industry, commerce, industrial relations or the service of a government or an authority of a government; or has, not less than 5 years previously, obtained a degree of a university or an educational qualification of a similar standard, after studies in the field of law, economics or industrial relations or some other field of study considered by the Governor-General to have substantial relevance to the duties of a Deputy President. [More…]
High Court decisions given in 1965 in the field of civil aviation have made it clear that the constitutional powers of the Department of Shipping and Transport are much greater than it thought they were. [More…]
What are the terms of the arrangement with Great Britain under which, since 17th January 1963, Justices of the High Court of Australia are appointed members of the Privy Council. [More…]
The appointment of Justices of the High Court to the Privy Council stems from an arrangement between the Australian and British Governments entered into in 1962. [More…]
This is usually done after they have been members of the High Court for some time. [More…]
Although Justices of the High Court appointed Privy Counsellors become members of the Judicial Committee of the Privy Council, there are no formal arrangements concerning their participation in the proceedings of that Committee. [More…]
The question of what is the meaning of ‘industry’ or industrial5 has been considered on several occasions by the High Court. [More…]
In that last mentioned case the High Court held that firefighting was not an industry. [More…]
Even if there is some doubt about the Parliament’s incidental powers to legislate in this area, the Government should have acted, and if need be, stated a case to the High Court on the subject. [More…]
The union was not prepared to accept this and with legal assistance the matter was taken to the High Court. [More…]
Probably the electoral officials, advised by the Commonwealth Attorney-General will refuse enrolment, when the applicant has an appeal to a local court of petty sessions and eventually to the High Court. [More…]
I interpolate at this point to say that 1 would have thought that an 18-year-old would have the right to go directly to the High Court as paragraph (v.) of section 75 of the Constitution states that in all matters in which a writ of mandamus is sought against an officer of the Commonwealth the High Court shall have original jurisdiction. [More…]
I understand that this matter could be the subject of a challenge in the High Court. [More…]
No doubt this move is intended to enable a challenge to be made in the High Court on the application of section 41 of the Commonwealth Constitution, which provided: [More…]
The Australian Labor Party has decided to challenge the right of the Federal Government to deny to 1 8-year- olds the right to vote at this year’s Federal elections and it will hinge on the definition of ‘adult’ by the High Court, no doubt. [More…]
I am talking about when I speak of the interpretation given to that section by the High Court. [More…]
The extraordinary thing about those words is that they have led to more litigation in the High Court than any other section in the Constitution, including section 92. [More…]
After his retirement from the chief justiceship of the High Court of Australia, writing in the ‘Sydney Law Review’ in 1 953, he had this to say: [More…]
is or has been a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth of not less than 5 years standing; [More…]
A person shall not be appointed as the President unless he is or has been a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory of the Commonwealth of not less than 5 years’ standing. [More…]
is or has been a barrister or solicitor of the High Court or of the Supreme Court … of not less than 5 years’ standing. [More…]
Despite this man’s ordinary formal education - or perhaps I: should say schooling - in the appeal to the High Court of Australia his decision was confirmed. [More…]
What would happen if somebody went to the High Court? [More…]
If I know anything about the 160-odd decisions which the judges of the High Court have given so far in respect of placitum (xxxv) of section 51 of the Constitution, I would be very surprised if the judges of the High Court did not adopt a purely technical and legalistic attitude towards the question and say that once the Act empowered a commissioner to take a subjective test as to what was in the public interest, it would not be within the competence of some other body to superimpose, supplant or substitute that primary subjective test with a second one. [More…]
On the question of economic policy, the then Chief Justice of the High Court, Sir Owen Dixon in 1953 used words of such clarity and wisdom that they would have put the Commission’s role beyond question I would have thought. [More…]
I am reminded of the remarks of that eminent Justice of the High Court, Sir Isaac Isaacs, who in 1917 said that the real raison d’etre of the arbitration power in the Constitution is not the mere decision between 2 contesting parties as to disputed industrial conditions, though that in itself is undoubtedly important, but the desirability, sometimes amounting to public necessity, that the community may be served uninterruptedly and not compelled, when threatened with deprivation of perhaps the essentials of existence, to look on helplessly while those whose function it is to supply them stop their work to quarrel. [More…]
1 know all about the High Court ruling. [More…]
procedures dealing with reinstatements, changes in techniques - all of them held by the High Court to be matters touching upon managerial prerogatives. [More…]
I know all of this but one of the things we must learn in the 1970s is that the sacred thing called managerial prerogative cannot be treated as sacred any longer and notwithstanding the decisions of the High Court the time is coming when modern technology demands changes in techniques and alterations in procedures. [More…]
Let us put it another way: It is the considered opinion - not merely the considered opinion but the certain opinion - of the legal profession that the minute these proposed sections are challenged the High Court will knock them out. [More…]
The Government will ram this legislation through and the High Court will kill it for certain. [More…]
A challenge was taken to the High Court and later to the Privy Council as to whether those governments had the power to pass the legislation. [More…]
In the metal trades case which went to the High Court of Australia and which is reported in volume 82 of the Commonwealth Law Reports at page 208, the High Court, in considering bans clauses and the then state of the Act, considered an order that the union concerned should cause its members to work overtime, and in other judgments pointed out that this was far beyond any provision in the award or any Act at that time, and that the only requirement to be found in the award was that the organisation should not be a party to a ban. [More…]
This Bill and the Northern Territory (Administration) Bill will extend to the Northern Territory and the Aus tralian Capital Territory something which cannot be extended to the States of the Commonwealth, the meaning of the word industry’ within the context of this legislation to cover fire fighters, nurses, police officers, teachers and similar persons who would be excluded from being covered in the States as a consequence of the High Court decision in the case of Pitfield v. Franki, commonly known as the ‘fire fighters case’. [More…]
On what occasions since 19th February 1963 have justices of the High Court of Australia sat as members of the Privy Council (a) in Australia and (b) elsewhere. [More…]
Justices of the High Court have not sat in Australia as members of the Judicial Committee of the Privy Council. [More…]
Visits have been made to London by the following Justices of the High Court to sit on the Judicial Committee of the Privy Council: [More…]
My question concerns the High Court of Australia. [More…]
Having regard to the very heavy burden of work which the High Court of Australia carries, can the Prime Minister say when the Government will fill the vacancy caused by the unfortunate death of Sir William? [More…]
The present Prime Minister’s text then quoted the views expressed by Sir Percy Spender, former President of the International Court of Justice, at a meeting attended by many then Ministers in April 1969, and also the judgments of Chief Justice Barwick and Justice Sir Victor Windeyer in the High Court in August 1969 in the case of Bonser v. La Macchia. [More…]
The new Minister for the Navy expressed his view that the Commonwealth is under an obligation to have the High Court decide the sovereignty over this area. [More…]
It is not in the national interest ultimately for questions of constitutional authority where uncertainty exists to be put aside in fact to the exclusion of the High Court which in the constitutional framework is charged with their determination and, in effect, as the Committee has indicated, to the exclusion of effective Parliamentary decision. [More…]
The only way this can be determined is by the High Court, and everybody in this place apparently agreed on that problem in February 1969, but certainly it was promised in the Government’s legislative programme in March 1970. [More…]
To refer to the fourth point, which clearly illustrates that no urgency can exist, if the Leader of the Opposition wants the matter to go to the High Court of Australia for determination, it could not go to the High Court this year: there is no possibility of it going; and, therefore, the sense of urgency, if there ever was one, has disappeared. [More…]
Let us assume that the matter has gone to the High Court and that the High Court has said the States do have this authority. [More…]
Uncertainty flows from the fact that the States do not or may not have legal sovereignty and, as previous speakers have said, this is a matter for the High Court. [More…]
I shall not attempt to emulate the coruscating wit of the honourable and learned member for Moreton (Mr Killen) but I want to say just this: One melancholy thought that obtrudes in my mind when I go back over 2 years - and we have lived with this problem of the Territorial Sea and Continental Shelf Bill for just over 2 years - is that if it had not been made, as much as it has been made, the plaything of party politics, I rather suspect that bv now we might well have had a decision from the High Court of Australia on the great constitutional issues involved. [More…]
I would have thought that any Bill that was said 2 years ago by whomsoever, but by a member of the Government, to be a Bill that ought to be passed in Australia’s national and international interests so that a definitive decision of the High Court could be obtained is not a Bill lacking in urgency 2 years after those remarks were made. [More…]
In the High Court judgment in the cass of Bonser v. La Macchia in August 1969 the 2 judges stated firm views that in respect of the sea bed the Commonwealth had consitutional rights from the low water mark. [More…]
Of course, clause 5 of the Bill is the key.I would have thought purely from a layman’s point of view that if one were to test a case in the High Court there would have to be some infringement of an Act. [More…]
If laws were asserted and penalties were included in the Act - for example penalties relating to royalties under the control of the particular Minister - this surely would be provocation, and that provocation would mean that the States would have to go to the High Court. [More…]
Unlike Canada, Australia is unable to ask its High Court to give a decision on this matter. [More…]
The High Court of Australia cannot deal with a hypothetical question; there must be an issue before the High Court can give a judgment. [More…]
In passing, I observe that this is a singular limitation and if ever I were in a position to argue a case for altering our Constitution to give to the High Court power to give advisory opinions I should certainly do sp. [More…]
I welcome these discussions but ultimately the decision must be one for the High Court of Australia. [More…]
But the matter must be decided by the High Court. [More…]
While our High Court would in no way be bound by that, it would have immense persuasion and influence upon it. [More…]
At that time the proposal was that the Commonwealth should pass this legislation in order that the States might challenge the legislation in the High Court which alone could determine just where the legal responsibilities began and ended. [More…]
In other words, everything was being done to make it easy for this matter to go to the High Court at minimum expense to the State governments - or perhaps at even no expense to the State governments. [More…]
I agree with the honourable member for Moreton about the urgency of this legislation, and support all he said about the fast changing pattern of international law and the reasons why consideration of this Bill should be concluded urgently in this place, why it should be passed by the Senate and put on the statute book in order that it might go to the High Court. [More…]
The assurance given by the previous Prime Minister has not, to my knowledge, been repudiated by his successor or any other spokesman for the Government, so presumably when this legislation goes on to the statute book the States will be assisted in any challenge to the High Court. [More…]
The Stales are not used to handling problems in international law and it follows that the advisers to the State Premiers, I believe, have given them advice which would not stand up to a challenge in the High Court. [More…]
The Minister was quoting the words of Sir Garfield Barwick, Chief Justice of the High Court. [More…]
But I remind the House that the Commonwealth from the outset said that if the Bill were passed and declared by the High Court to be valid the States would not be excluded. [More…]
The Commonwealth from the outset indicated to the States that it would meet the full costs of any legal challenge in the High Court of Australia which is the supreme constitutional tribunal designed to elucidate great questions of law of such a kind as must inevitably arise in a federation for decision from time to time. [More…]
I think there are today areas in which there could be more CommonwealthState co-operation, and I make a passing reference in that area to the question of taking the work load in matters of federal jurisdiction of the High Court of Australia. [More…]
I know from my own discussions with people in the States that certain State politicians would welcome any decision at Federal governmental level that would be calculated to preserve the status of the great State Supreme Courts - something that would be done if we avoid the course of interposing a Federal court between the High Court and these State courts. [More…]
I am bound to say, however, that I would feel more comfortable in my mind if the negotiations were taking place against a background in which Commonwealth constitutional power, or lack of it, had been definitively established by the High Court. [More…]
I was attracted by the argument of the honourable member for Berowra, although I think that it was referred to in passing in an earlier speech made a year or so ago, that if this matter is to be resolved by the High Court - and I accept that it is proper that it should be resolved by the High Court - the only way to do this is to enact this legislation. [More…]
We cannot seek an advisory opinion from the High Court as can our Canadian brothers. [More…]
The High Court will make a decision. [More…]
However, I do not believe that it would be right for me not to point out that, although the Opposition now claims that this is a matter of high national politics - I agree unreservedly that it is a matter of high national politics - and although members of the Opposition say that the BiD should have been passed long ago, it is nevertheless true that by this stage this Bill would have been law, the case would have been tested in the High Court of Australia and the matter would have been resolved if the Opposition had not abandoned the concept of high national politics embodied in the Bill in order to seek some small, petty, temporary political advantage by moving a censure motion because it knew that there were 2 or 3 dissatisfied members on our side. [More…]
If it is suggested that the Commonwealth has the right to decide that boundary, that decision could be contested until the matter was resolved one way or the other in the only way it could be - in the High Court of Australia. [More…]
I am told that the High Court cannot in any case pass a judgment on this matter until after the next elections. [More…]
All that means to me is that it will take a long time for the High Court to reach a judgment. [More…]
Although the 3 gentlemen I have mentioned have at least one eye open the people of Australia have both eyes open as to the reasons for this Government not wanting to proceed with this measure and to test it in the only place where it can be tested properly, the High Court of Australia. [More…]
I would like to quote from the judgment in the case of Bonser v. La Macchia given in the High Court of Australia and reported in the Commonwealth Law Reports. [More…]
What is the alternative to this Bill being passed and the question being tested in the High Court? [More…]
On 19th September 1952 the High Court set aside the conviction and ordered a new trial. [More…]
On 25th May 1971 the High Court set aside the conviction for murder, and directed that a verdict of guilty of manslaughter be entered. [More…]
Because of its taxation powers and because of the recent High Court decision in the concrete pipes case, the Commonwealth has a large amount of power to ensure that industry acts in the overall social interest. [More…]
But if the Labor Party introduced legislation, as it says it would, without having regard for the Constitution, the legislation would be challenged in the High Court tomorrow and the Labor Party would lose. [More…]
The practice of dividend stripping was officially revealed for the first time in August 1971 when the High Court announced its decision in the case of the Federal Commissioner of Taxation and the Adelaide based merchant banking group, Investment and Merchant Finance Corporation Ltd. [More…]
When the Commissioner of Taxation disallowed that loss the Corporation appealed to the Full High Court which unfortunately - I say ‘unfortunately’ advisedly - upheld Ms appeal. [More…]
It takes years for a case to come before the High Court and in that time millions of dollars of revenue, which could be put to much better use, is lost. [More…]
The Bill now being discussed seeks to close a gap which was revealed when the High Court disallowed an appeal in the case of the Commissioner of Taxation v. Casuarina Pty Ltd. [More…]
The 2 recent High Court cases involved the 2 avenues for exploitation and the amendments close off those avenues and will have a practical effect, as shown from the date of the public announcements made by the Treasurer (Mr Snedden). [More…]
The amendments were proposed shortly after the High Court handed down its decisions, so there has been no delay in closing off the loopholes. [More…]
The Bill is designed to take away the opportunity to devise tax avoidance schemes, in the light of the High Court’s decisions. [More…]
If no opinion has been sought, will he take steps to obtain clarification of the Commonwealth’s powers in relation to voluntary agreements especially, in cases where (a) there is no dispute as defined by the High Court, (b) the agreement relates to a non-interstate dispute, (c) the agreement was made without the existence of a third party conciliator or arbitrator and (d) the industrial agreement relates to undertakings or callings that have been defined as nonindustrial by the High Court. [More…]
How many appeals to the High Court from the Supreme Court in each Territory and from each Federal Court were (a) instituted and (b) heard in 1971. [More…]
How many (a) taxation matters and (b) industrial property matters were heard by (i) single justices and (ii) the Full Court of the High Court in 1971. [More…]
How many cases were (a) set down for hearing and (b) heard by single justices of the High Court in 1971. [More…]
The number of appeals (including applications for leave or special leave to appeal) to the High Court from Territory Supreme Courts and Federal Courts in 1971 was as follows: [More…]
How many Federal judges (other than High Court judges) were there in December 1962, when Cabinet authorised Attorney-General Barwick to design a Commonwealth Superior Court, and how many are there now. [More…]
It is with very deep regret that I have to inform the House of the death on 7th July of Sir Owen Dixon, a former Chief Justice of the High Court of Australia, at the age of 86. [More…]
In 1926 he became Acting Justice of the Supreme Court of Victoria and in 1929 was appointed a Justice of the High Court. [More…]
He was Chief Justice of the High Court from 1952 until his retirement in 1964. [More…]
This is important because there have been strong moves in Tasmania for a High Court challenge to the latest freight increases based on an alleged breach of section 18. [More…]
Time and time again whenever there has been a test case as to what the law really means - this was a test case to determine the common law of Australia because until then no-one knew what the law was - whether it has been in the High Court or sometimes in the Supreme Court, the governments of Australia, both Liberal and Labor alike, have met the costs of the litigation to the party who lost or to the party who won when he was not able to recover the money from the other party. [More…]
If it were not for a High Court ruling that sales tax is in the nature of an excise tax and therefore under section 90 of the Constitution must remain with the Commonwealth, I for one would favour the Commonwealth vacating this field of taxation in favour of the States. [More…]
The measure announced by the Treasurer (Mr Snedden) in the Budget, indicating that self-education expenses would be a deductible item, is in fact irrelevant, because this is an existing right which was given by the High Court of Australia early this year. [More…]
Indeed, the High Court of Australia unanimously decided that under section 41 of the Constitution people under 21 years of age must be regarded as not being adult for the purpose of the franchise. [More…]
My Department and the Government certainly are studying that High Court judgment. [More…]
The case came before Mr Justice Gibbs, who is now on the High Court of Australia. [More…]
The Government has considered the course of appeal to the High Court. [More…]
He took his appeal on the severity of the penalty to the High Court only to find that the Removal of Prisoners Act - not the ordinance - which had provided for an administrator to be appointed in Canberra to sign the necessary documents to transport people into the New South Wales gaol system had never been appointed. [More…]
The High Court let the young man out - and this, too, is relevant to the amendment - which meant that every man who bad been committed to the New South Wales gaol system had been committed illegally. [More…]
They are people who have, perhaps through their advisers, taken one view of the law but the boards of review or the courts - whether it be a single judge, the Supreme Court or the High Court - have taken another view of the law. [More…]
The final enslavement of the States in financial terms came with the uniform tax legislation which was passed as a war-time measure, and to this day as a result of a High Court ruling the Commonwealth has priority in the field of income tax collection and the paradox continues. [More…]
The preservation of the general right to trial by jury, which has largely been lost in Australia, would have been easier to preserve if our High Court had had a proper Bill of Rights provision to interpret. [More…]
It is for that reason that when appointments are made, for instance to the High Court, those appointments are forlife; or, when appointments are made to the Supreme Court of Victoria, the judge is appointed until the gentleman reaches a certain age whichI think is 72 years. [More…]
That court case may take us to the High Court. [More…]
The constitutional power Includes the environmental protection of Commonwealth territory, the environmental impact of interstate or international trade particularly the export of natural resources, the regulation of corporations now that quite a few issues have been cleared up by the High Court in the so called concrete pipes case, and certain other areas. [More…]
The case of L. W. Smith v. McErlane was decided by the High Court as long ago as 1962. [More…]
Magistrates have protested, as I have done, but the Government has done nothing to overcome the effects of that decision handed down by the High Court as long ago as 1962. lt is time that people in the Australian Capital Territory ceased to suffer from this type of discrimination. [More…]
I ask the Prime Minister whether his attention has been drawn to the High Court ruling in the case of Miss Anne Lodge, who sought to have creche costs allowed as tax deduction. [More…]
The High Court ruled that the expense of keeping a child in a day nursery was neither relevant nor incidental to Miss Lodge’s work. [More…]
properly decided in a constitutional way, and that situation will be created by the passage of this Bill, which would open the way for a decision by the High Court of Australia in accordance with the Constitution. [More…]
The only real resolution of this matter is to put beyond doubt the question of sovereignty and the only way to do this, since the Commonwealth and the States still make conflicting claims as to the sovereignty right out to the end of the continental shelf, is to have the matter resolved by the High Court. [More…]
He has been trying to get the matter before the High Court - with, meanwhile, his means of livelihood out of the sea and on a slip. [More…]
But the State Government is doing all it can to delay that matter going before the High Court. [More…]
We know what happened with respect to the views expressed by some members of the High Court. [More…]
There are clear guidelines on which to do this, but I agree with the right honourable member for Higgins (Mr Gorton) that it is the High Court of Australia which in the end will have to determine this problem. [More…]
High Court? [More…]
That, after all, is the purpose of the High Court. [More…]
The Bil itself is exemplary in its drafting, its con ciseness and its general coverage because in it very carefully - and I pay credit to those responsible for its drafting - is every point which would need to be adjudicated on by the High Court of Australia. [More…]
Does it have ro be skulldragged screaming to the High Court of Australia? [More…]
Has there ever before been such a pathetic spectacle as that of the senior legal representatives of the Commonwealth of Australia and of the State of New South Wales both tiptoeing into the High Court and, very ashamedly and in a very small voice, suggesting to the Chief Justice that he should not adjudicate on the question of sovereignty in respect to the continental shelf? [More…]
Wc have been promised for 2i years a Federal Act which then can be challenged by any State AttorneyGeneral in the High Court. [More…]
Even if there was a purported agreement between them, it would still fall to be determined by the High Court at the instance of anybody who did not like any of the laws which any of the parliaments, or all of the parliaments, purported to pass pursuant to that agreement. [More…]
It was decided in the High Court of Australia in about 1962. [More…]
The man took the matter to the High Court and the High Court ruled that he was obliged to pay. [More…]
Legislation known as the Territorial Sea and Continental Shelf Bill 1970 was introduced by his Government and certain assurances were given to the States that once that legislation was passed the Commonwealth would finance any challenge to the High Court of Australia on it in order clearly to define and determine where the responsibility lies as far as the territorial sea and continental shelf are concerned. [More…]
What are the (a) salaries, (b) allowances, (c) travelling facilities and (d) expenses of (i) Justices of the High Court, (ii) Judges of - the Northern Territory, Supreme Court, (iii) Judges in Bankruptcy, (iv) Industrial Court Judges and (v) Presidential Members and Commissioners of the Conciliation and Arbitration Commission at this date. [More…]
Since 1964, there have been 2 decisions of the High Court adverse to the Commissioner of Taxation in which provisions of the Estate Duty Law were interpreted in a way contrary to that contended for by the Commissioner. [More…]
The effect of Thurn’s case has been greatly diminished by a subsequent decision of the High Court in favour of the Commissioner. [More…]
The franchise age question came before the High Court of Australia last year. [More…]
The High Court decided that under the terms of section 41, adult person’ meant a person not less than 21 years of age. [More…]
However, it was made clear by the High Court that the way was open for Parliament to extend the vote to 18, 19 and 20-year-old citizens 6y legislative action. [More…]
the extension of the concept of excise duty by the ruling of the High Court in the case of Western Australia v. Chamberlain Industries, the inability of that court to limit the Commonwealth’s power to impose conditions on grants under section 96, have led to the situation where the finances of the State are dictated by the whims of the Federal machine. [More…]
Many of these anachronisms are tempered by High Court interpretations. [More…]
This anomaly between State and Commonwealth voting laws and this anachronism of the Federal Constitution was tested in the High Court last year. [More…]
the reduction of the age of majority to 18 - hence the tie up with the High Court decision. [More…]
After the relevant High Court judgment I made a Press release on behalf of the former Government in which I said: [More…]
I think that some of the arguments used last year before the High Court of Australia in the matter of King v. Jones and 2 other matters that were heard at the same time, and in which the present Leader of the Government in the Senate (Senator Murphy) appeared for the appellant, had some persuasion. [More…]
The fact that the High Court was not prepared to accept arguments about earlier maturity today in no way changes the right or indeed the necessity for us to face the fact that younger people are maturing earlier today because these matters, as the Court deemed, could not be considered in interpreting the Constitution itself. [More…]
again in this instance the High Court would support the view that the Parliament could of course create a franchise which makes the attainment of some other age a condition of its franchise. [More…]
If my recollection is correct, the High Court has given us some guidance and has indicated that the relevant date is the day before the birthday anniversary is attained. [More…]
High Court the Chief Justice Sir Garfield Barwick said, in part: [More…]
The Commonwealth confirmed an undertaking given at the November 1969 Premiers’ Conference that, in the event of States’ receipts duties being found invalid by the High Court in some or all respects, it would introduce legislation to impose a like tax for the benefit of the States. [More…]
The chief law officer of Australia, the then Attorney-General, must have been familiar with the decision of the High Court in the case of Znaty v. The Minister of State for Immigration and Another reported in 1972 Argus Law Reports at page 545. [More…]
The judgment of the High Court in that case clearly established the right of the government to deport a person to anywhere. [More…]
Does the Prime Minister agree that while he continues to refuse to give an explanation for his part in this matter he is leaving the Attorney-General vulnerable to action before the High Court? [More…]
In fact this proposition has been argued before such bodies as the High Court of Australia. [More…]
An example of the effect of the amendments can be shown by reference to the Ockenden case, in which the High Court of Australia said: [More…]
Furthermore, it does not cover assistance where such a union member is required to defend in the High Court a decision given in his favour by the Industrial Court. [More…]
One was taken on appeal to the High Court and I had to chase that appeal from my own pocket. [More…]
A similar provision in the Bill prohibits the granting of costs in the High Court in appeals coming before it from judgments, orders or sentences made by the Industrial Court or another court under this Act or in proceedings in respect of an award. [More…]
The purpose of the Australian Government is to make the High Court of Australia the final court of appeal for Australia in all matters. [More…]
In introducing the Bill for that Act the then Attorney-General said that the Parliament was being asked to take an historic first step towards the establishment of the High Court as the final court of appeal for Australia. [More…]
He said that the Bill was a tribute to, and that it would still further enhance, the standing and prestige of the High Court of Australia. [More…]
The discussions that I had in London last week and the action that I am now outlining to the House are a logical, further and final step in the process of making the High Court of Australia Australia’s final appeal court. [More…]
The Privy Council (Limitation of Appeals) Act 1968 abolished appeals from the High Court to the Privy Council in all constitutional, federal and territory matters. [More…]
As a result of the Act of 1968 appeals now lie to the Privy Council only in respect of decisions of the High Court given on appeal from a State supreme court in a State matter and in respect of decisions of State supreme courts in State matters. [More…]
On such questions an appeal may be brought to the Privy Council only if the High Court itself certifies that the question is one which ought to be determined by the Privy Council. [More…]
No certificate has been given by the High Court since 1912. [More…]
In 1968 the Australian Labor Party moved an amendment, which was not accepted, that would have made final the decision of the High Court given on appeal from a State supreme court in a State matter. [More…]
It would be incongruous in the extreme if for some States the High Court were to be the final court of appeal in State matters and if for other States it were to be the Privy Council. [More…]
There would still be the exceptionally expensive and lengthy process of successive appeals to the Full Court or Court of Appeal of a State, the High Court of Australia and the Judicial Committee of the British Privy Council. [More…]
The result would then be that the High Court of Australia would be, as it should be, the final court of appeal for Australia in all matters. [More…]
I think the case has now been referred to the Full High Court for decision. [More…]
Indeed, it goes further than that because the interpretation of the law depends upon a High Court which is and should remain incorruptible. [More…]
The High Court consists of 7 judges. [More…]
That is set down not by the Constitution - section 71 of the Constitution permits an unlimited number of judges in the High Court - but by section 4 of the Judiciary Act. [More…]
But if the Senate were ever under Labor control, the Government could swamp the High Court and make this presently incorruptible court a vehicle for corrupt Labor policy. [More…]
It is purely a matter for determination by the High Court of Australia. [More…]
It is ludicrous that after almost 70 years of Federal conciliation and arbitration we are still arguing in the High Court as to what is meant by an industrial matter. [More…]
The Tramways Board went to the High Court 4 times to try to stop the Commissioner inserting such a clause in the award because it said that this was a management prerogative and that the unions just had to cop it. [More…]
While the Tramways Board, by going to the High Court, was frustrating the desire of the Commissioner in his attempts to settle this dispute the union was involved in a number of stoppages over the issue in protest against the action of the Tramways Board. [More…]
When the case went to the High Court it was found that he did not have to pay anyway after being declared a bankrupt. [More…]
Any agreement that was not a truly industrial agree,ment could not be registered under the Act because the High Court of Australia has held that an agreement cannot incorporate things or be certified by the Conciliation and Arbitration Commission if it includes anything which could not be included in an award. [More…]
That is a quibble, but if it is good in law the High Court will tell us that it is good in law. [More…]
Honourable members can argue about the legal effect which the High Court may have to determine. [More…]
These are arguments appropriate to the High Court and not to the Parliament but surely there can be no hesitation in putting into the Act this declaration. [More…]
However, that is a matter which the High Court could have to determine in due course. [More…]
The questions of law that the Minister raised - and 1 believe that he was egregiously wrong - are ones which no doubt will come before the High Court of Australia in due course. [More…]
Now there is to be a report by a Mrs Justice Lane of the English High Court - from the old probate, divorce and admiralty division of the High Court. [More…]
They thank that if this Bill is passed and a case is then taken to the High Court to decide whether the Commonwealth claims in the Bill are correct this will clear up everything. [More…]
Suppose, for the sake of argument, as a possibility that the High Court decides that the States are entitled to a 3-mile limit. [More…]
I hope and expect that the High Court will hold that the continental shelf is within the jurisdiction of the Commonwealth. [More…]
The High Court appears to have recognised this problem in part in its interpretation of the external affairs power. [More…]
However, if the territorial sea is to be regarded as a place acquired by the Commonwealth under section 52 (1) of our Constitution, then, according to a recent decision of the High Court in Worthing v. Rowell, State laws are excluded from that place. [More…]
In actual fact, if the judgments of the High Court of Australia and the opinions of eminent people in the field like Professor O’Connell are taken into account, the States have no jurisdiction beyond the low water mark. [More…]
When the determinations of the High Court of Australia are made, I would think that the States will realise that, instead of there being an attack on State rights, under the developments which then take place this legislation will actually confer a benefit on the States, because it confers a benefit on all the people of Australia. [More…]
But what the Bill does do, and why I support it, is that it opens the way for that question to be decided, and decided by the proper tribunal - the High Court of Australia. [More…]
I do not believe that, if this matter is resolved in this way - even if the resolution is supported by a judgment of the High Court, as I believe it will be - it will clear up all matters at stake. [More…]
I can only express a hope that if the High Court should not support the assertion of sovereignty in this Bill - I shudder to think of it - some government will go to the people and ask them at a referendum to give it that power. [More…]
I express no opinion on that subject, but I point this out: If the main principle of the Bill is acceded to and upheld by the High Court, clearly any national government will have the authority to bring in a mining code. [More…]
This is assuming that the High Court will uphold that principle; therefore suggesting that a mining code could be brought in under it. [More…]
If the High Court does not uphold the principle, the mining code means nothing because the Parliament would not have the power to make it. [More…]
I refer firstly to the Territorial Sea and Continental Shelf Bill for which the right honourable member for Higgins and also the honourable member for Moreton suffered at the hands of their own Party, and their collective efforts with the honourable member for Berowra in relation to the corporation power of the Constitution which was tested in the High Court of Australia at their behest. [More…]
It will allow the legal position as to sovereignty to be exercised by the States and the Commonwealth to be determined in the High Court. [More…]
They are opposed to it and (the only way this matter can be determined is if it goes to the High Court. [More…]
If in the final analysis it does not have effect, it will only be due to the High Court invalidating the legislation. [More…]
In the famous High Court case of Bonser v. La Macchia in 1969 all 6 members of the Court rejected the contention that the Commonwealth did not have sovereignty beyond the 3-mile territorial sea. [More…]
We believe that all members of the High Court will see it that way. [More…]
Honourable members will see that these 2 Bills and the Bill we are now considering contain a vast extension of Commonwealth powers and that if the High Court upholds the constitutional validity of the Bills and there is any inconsistency between the Commonwealth and State laws then, to the extent of that inconsistency, the Commonwealth laws will prevail. [More…]
Even if this Bill were passed into law and the High Court ruled that every provision in it was both constitutional and valid a large residue of functions and constitutional responsibility would still remain under the jurisdiction of the State governments. [More…]
It wants, to the limit of its capacity, to ensure that the States are compelled to submit to the jurisdiction of the High Court. [More…]
The High Court of Australia, as the convention debates show, was appointed just for this purpose - to decide these issues, to say where the matter rests. [More…]
Those who say: Of course, the States are not too sure that they will get a fair deal in the High Court’, do a great disservice to the traditions of this country. [More…]
He told State Parliament that these “possibilities’ could arise through a combination of Commonwealth offshore-resources legislation and a recent High Court decision. [More…]
Yet the Commonwealth will have the ultimate responsibility in these matters if this Bill becomes law and the High Court upholds its validity. [More…]
Perhaps there are some people naive enough to think that all that is needed is a decision by our High Court and we then all live happily ever after. [More…]
If there is not enough to keep the High Court going for years, then I am a Dutchman - and ‘Fairbairn’ is, as I am sure even the Minister realises, a name of entirely Scottish origin. [More…]
What is needed, surely, is not a decision by a majority of the High Court judges as to where they believe jurisdiction lies at present. [More…]
The Queensland Government has shown that it is not prepared to act nationally or responsibly with respect to the border with New Guinea and although I do not challenge its right to contest what we see as the national position on this question, what we are saying is that the legality needs to be cleared up and we believe that the High Court is really the place to clear it up. [More…]
The argument is put that the High Court of Australia is the appropriate legal authority to sort out the question of sovereignty but I suggest that when the High Court is invoked, in truth the Government is asking it to act as a legal arbitrator upon a political question. [More…]
Various speakers have referred to what the High Court might do but they have sought to prejudge the decision of the High Court in justification of their own arguments. [More…]
It has been said that the Chief Justice of the High Court, Sir Garfield Barwick - I have read the remarks he made in the court case concerned- has declared that the State responsibility and authority ends at the low water mark. [More…]
The position in Queensland is quite clear, notwithstanding the High Court judgment in Bonser v. La Macchia in which Barwick C:J. and Windeyer1 J, stated that the States had never had sovereignty over the offshore waters to the 3-mile limit either as colonies or as States. [More…]
The Secretary was of the view that it was by no means unlikely that the High Court would find in favour of the States. [More…]
The honourable member for Parramatta (Mr N. H. Bowen), who was then the AttorneyGeneral, took the view that there appeared to be difficulty and uncertainty about the position, at least within the 3-mile limit, and the possibility of a decision by the High Court in favour of the States could not be discounted.’ [More…]
I am not going, of course, to canvass the legal position which will be determined for us in due course by the High Court, and there may be legal questions and issues. [More…]
I take it that the honourable member is referring in particular to the Government’s proposal to introduce legislation to abolish appeals to the Privy Council from State courts or from them through the High Court. [More…]
The legislation permitted appeals to the Privy Council from the High Court where those appeals had gone to the High Court from a State court. [More…]
That exception was made because it was thought that by removing the possibility of an appeal from the High Court in thai circumstance one would encourage appeals directly from State courts to the Privy Council. [More…]
What the Australian Government now proposes to do is to act under the Statute of Westminster to request and consent to legislation in the British Parliament, to be introduced by the British Government, to discontinue appeals to the Privy Council from the State courts, whether directly or through the High Court. [More…]
It ought to be understood by Australians and it ought to be a matter of pride to Australians that the judges of the Australian High Court have been of calibre equal to any of the judges who sit on Australian appeals to the Privy Council That is no disparagement of the capacity and status of members of the Judicial Committee of the Privy Council. [More…]
But I believe that everybody in the House would acknowledge that Australian High Court judges have been and are the peers of any of the judges who, in our time, have sat on the Judicial Committee of the Privy Council. [More…]
The discussion on this matter flows from the fact that it is now plain, following High Court decisions, that this Parliament is certainly able to pass laws concerning such (financial corporations formed within the limits of the Commonwealth. [More…]
This Bill proposes amendments to the appeals provisions of the income tax law to transfer to the State Supreme Courts the jurisdiction of single justices of the High Court in income tax appeals. [More…]
There is a pressing need to relieve the High Court, so far as possible, of the single justice work. [More…]
Some of this work derives directly from the Constitution and cannot be removed from the jurisdiction of the High Court. [More…]
By far the greater volume of work presented in the single justice jurisdiction of the High Court consists of income tax appeals, either appeals brought directly from a Commissioner’s decision or from a decision of a board of review. [More…]
Commissioner, may request a reference of the matter to a board of review or to the High Court or to the Supreme Court of a State as an appeal. [More…]
Similarly, where the present law allows the Commissioner or a taxpayer to appeal to the High Court from a decision of a board of review involving a question of law, it is proposed that the right of appeal shall lie to a single Judge of a State Supreme Court. [More…]
References by a board of review to the High Court on a question of law arising before the board will, in future be to a single Judge of a State Supreme Court. [More…]
The amendments provide that where a taxpayer has gone to a board of review and on appeal to a State Supreme Court, or where a board has referred a question of law to a Supreme Court, the matter may, with the leave of the High Court, be taken on appeal to the Full High Court. [More…]
Where a taxpayer requests the Commissioner to treat his objection as an appeal and the matter is, under the proposed amendments, decided by a State Supreme Court the present law gives the taxpayer or the Commissioner the right of appeal - without leave - to the High Court in its appelate jurisdiction. [More…]
Principally, these will permit the High Court to remit to a Supreme Court any of the single justice income tax matters which have come to it under the present law. [More…]
order the deportation of any person not born in Australia who is a member of a body of persons declared by the High Court or the Supreme Court of a State to be an unlawful association. [More…]
The extent of the Commonwealth’s power under this paragraph is extremely uncertain and awaits further clarification by the High Court when a suitable issue arises. [More…]
In 1909 in Huddart Parker Ltd v Moorehead the members of the High Court expressed quite different views but generally they gave the section a very restricted meaning. [More…]
In 1971 the High Court in the Concrete Pipes Case - Strickland v Rockla Concrete Pipes Ltd - took a much wider view of the corporation power and a number of judgments suggested, in passing, that the Commonwealth might be able to enact a uniform Companies Act and might also be able to form trading companies engaging in domestic trade and commerce within the confines of a State. [More…]
It was this paragraph that really frightened in particular the people in the road transport, hotel and motel industries who were unaware of the complete power of it until a High Court challenge ensued. [More…]
It has never been tested in the High Court and it is definitely not necessary to have this power to secure for TAA those additions to its operations which we believed when in government and which we believe in Opposition it should have. [More…]
Existing legislation has consistently been drafted on the basis that the external Territories are not part of the Commonwealth* of Australia, but some judicial pronouncements in the High Court have thrown doubt on the correctness of that assumption. [More…]
The Minister for the Capital Territory is interjecting, asking what the High Court has done about it. [More…]
1 invite the Minister to follow the High Court’s decision through on this matter, ranging from Buchanan’s case to the case of Spratt v. Hermes in which the present Chief Justice dealt with section 122. [More…]
I believe that any law which endeavours to confer on people chosen from the Territories to sit in the Senate the right to vote in the Senate would be an unconstitutional law and would be thrown out by the High Court. [More…]
I feel that the High Court would take this kind of view, as it always has done. [More…]
As to the extent of representation the honourable member said that the High Court would probably find that that was the degree to which voting rights could be conferred. [More…]
As I understand the reverend brother’s comments, he appears to regard the report as discriminating concerning Catholics and he has announced that action will be taken in the High Court of Australia to prevent this discrimination. [More…]
Bill 1973 and a Privy Council (Appeals from the High Court) Bill 1973- [More…]
It is that the High Court of Australia must become the highest court of the land in all matters pertaining to Australia and to the legal rights and obligations, in Australia, of Australian citizens. [More…]
The course embarked upon in 1968 when the Government of that time, with the support of the Australian Labor Party, introduced the legislation contained in the Privy Council (Limitation of Appeals) Act 1968 for the purpose of limiting appeals from the High Court to the Privy Council, should now be brought to its logical conclusion, a conclusion which we at that time advocated in supporting the Bill. [More…]
Both sets of provisions are directed to the same end, namely, to bar appeals to the Privy Council from Australian courts other than the High Court and to bar the reference to the Privy Council of matters, not being appeals from courts, that arise in or in relation to Australia. [More…]
Clauses 4 and 6 (1) of the Bill are directed to the abolition of appeals from Australian courts other than the High Court. [More…]
I added that this Parliament already has under consideration the Seas and Submerged Lands Bill which, when passed, will provide opportunity, if it is desired, for all relevant seabed questions to be determined by the High Court. [More…]
The proper forum for the determination of these important questions of Australian constitutional law is the High Court of Australia. [More…]
Mr Speaker, the second Bill is the Privy Council (Appeals from the High Court) Bill. [More…]
This Bill completes, so far as the High Court is concerned, what the Privy Council (Limitation of Appeals) Act 1968 commenced. [More…]
The Act of 1968 abolished appeals to the Privy Council from the High Court in all matters except purely State matters and the so-called inter se questions. [More…]
The Constitution itself excludes appeals in respect of inter se questions excepting upon the grant of a certificate by the High Court. [More…]
The High Court has granted only one certificate - and that in 1912. [More…]
For all practical purposes there is no appeal to the Privy Council from the High Court in respect of inter se questions. [More…]
As to appeals to the Privy Council from the High Court in State matters, the Australian Labor Party moved an amendment to the Bill of 1968 to remove altogether the right of appeal to the Privy Council from the High Court. [More…]
We all know that in the High Court we have a Bench whose learning and authority are respected wherever English law runs. [More…]
When the High Court decision is known we will know who was right. [More…]
The recent decision of the High Court in the case of Ord Forrest Pty Ltd v. Federal Commissioner of Taxation has substantially reduced the loss of revenue resulting from the decision in Gorton’s case. [More…]
Last year he could have been appointed to the High Court. [More…]
It is true that he was in every sense qualified to be a member of the High Court of Australia and he would have graced that Bench as he will grace the Bench- the New South Wales Court of Appeal- on which he now sits. [More…]
In the brochure that I sent to senators and members there is a diagram which shows the relationship of this square to a new parliament house on Camp Hill, and to the Library, the Art Gallery, the High Court and Government buildings. [More…]
The first is our system of appointing judges to the High Court of Australia. [More…]
The Justices of the High Court and of the other courts created by the Parliament - (i.) [More…]
A justice of the High Court could be removed from office only if there was an address from both Houses of Parliament in the same session praying for his removal, and the grounds for his removal were limited to proved misbehaviour’ or incapacity. [More…]
Therefore the tenure of a High Court justice is not dependent on the Crown in any case including misbehaviour except when the Crown acts on an address from both Houses of the Parliament; and furthermore it is not open to the Parliament to present an address for the removal of a justice on any other grounds than for proved misbehaviour or incapacity, and that is under section 72 (ii.) [More…]
I should like to look at the present composition of the High Court of Australia. [More…]
In 1950 two very elderly distinguished gentlemen retired from the High Court. [More…]
Mr Bland believes that the High Court provides some safeguards for our liberties; I doubt it. [More…]
This question was before the High Court in, I think, 1918 in a case between the Waterside Workers Federation and Fitzpatrick. [More…]
I have no doubt that 75 years should be the maximum age for a High Court judge to continue on the bench. [More…]
In my mind there is reason to be concerned about the composition of the High Court, We have no greater authority on this than the Prime Minister. [More…]
Yet our Prime Minister now states that the Australian High Court has all the wisdom. [More…]
In conclusion, as there is a Constitutional Convention next week, I suggest that delegates from the State and Commonwealth Parliaments give consideration to the system which is used to appoint judges to our High Court. [More…]
Consideration should be given to ways and means whereby the States can have some say in the appointment of a judge to our High Court. [More…]
At a time when we are seeking to abandon the right of the people and the States to appeal to the Privy Council I do not agree that we should accept our present High Court system. [More…]
I want briefly to comment on the remarks of a previous speaker, the honourable member for Griffith (Mr Donald Cameron) who dwelt at some length on the appointment of judges to the High Court. [More…]
The present situation is an intolerable one, where certain sovereign States claim the right to prevent Australia’s own High Court from adjudicating in Australia on an issue of sovereignty which is the sole concern of the Australian people and their nation. [More…]
On that occasion the same interest which is loudly denouncing Labor’s health policy - namely the Australian Medical Association - took an injunction against the legislation to the High Court of Australia. [More…]
The High Court judges claimed that to compel doctors to perform this act was industrial conscription. [More…]
Does the honourable gentleman agree that his release of what appeared to be the details of the judgment in advance of the actual release by the Court has put the Chief Justice of the High Court of Australia, who sat on the International [More…]
Has the attention of the Prime Minister been drawn to a speech made by me on 30 August in this place in which I addressed myself to the question of the High Court and section 72 of the Constitution? [More…]
Does the Prime Minister recall his criticism in 1955 of the High Court and his statement that he regarded the resignations in 1950 of Mr Justice Rich and Mr Justice Stark ‘as flagrant examples of where resignations were withheld until there was a change of government’? [More…]
Will the Prime Minister consider holding a referendum in order to bring about a retiring age for High Court judges and further consider a minimum age before appointment? [More…]
The honourable gentleman asks me whether I believe that there is another example on the High Court at the moment comparable to the examples of 1950 which I had mentioned and to which the honourable member referred. [More…]
There is no case at the moment of any members of the High Court having not been active, and continuously active, for years past - in fact, I believe, since the time they were appointed. [More…]
The honourable member then asks me whether I believe that there should be a referendum to fix an age limit for justices of the High Court. [More…]
He is correct in saying that a referendum would have to be held if there were to be a retiring age for justices of the High Court or, in fact, for judges of any Federal courts other than Territory courts. [More…]
It is invidious that it should be left to a single individual to determine whether he is still able to do the very onerous and important jobs which judges have to do, particularly on the High Court. [More…]
When a referendum is put to permit the Parliament to apply a retiring age to Federal judges, I imagine that the opportunity could be taken also to amend the Constitution to permit the High Court to give advisory opinions, as the Supreme Court of Canada can. [More…]
The founders of the Australian Constitution did not want any appeals to go beyond the High Court of Australia. [More…]
Previous governments, without any opposition, have sponsored and the Parliament has passed legislation limiting appeals from the High Court to the Privy Council. [More…]
If there are disputes between State governments and the Australian Government they cannot go beyond the High Court. [More…]
He took the local council to the High Court of Australia and the Privy Council. [More…]
We would not want to set up large and overlapping mines departments to administer each State’s off-shore mining, always presuming that the High Court ruled that the Commonwealth did have sovereignty off-shore. [More…]
It should be pointed out however, that in that case the Supreme Court was motivated by political consideration - the paramountcy of the Federal Government in international affairs - which might not be available to our more legalistic High Court. [More…]
However, it is suggested that our rather legalistic High Court will have to search for an historical vesting of rights in the territorial sea in one of our federal polities, rather than hand down a decision overtly motivated by political consideration. [More…]
The High Court of Australia in the wisdom and the judicious determinations of those who preside there certainly will determine who is ultimately responsible but they will not resolve the administrative difficulties of who, how and when, in the practical sense, for example, is going to maintain control of those inner territorial waters up to the 3-mile limit. [More…]
This time the Liberal Party decided that, discretion being the better part of valour, they could not argue against the Bonser v La Macchia decision in the High Court. [More…]
They could not continue to back the Premiers on their excursions to London - their free trips - on the basis that they do not trust the Australian High Court. [More…]
They decided to say: ‘Yes’, we are prepared to vote for the declaratory sections and have the High Court look at it.’ [More…]
The initiative which the Commonwealth is taking in bringing these two related Bills before the House is an essential prerequisite to enabling the issue to be placed before the High Court for decision. [More…]
The High Court can then decide the matter once and for all and reach a point of finality. [More…]
But I thought that, having displayed that erudition, he should at least have been aware for example of how the influence of the American Constitution upon Australian constitutional law was put to rest by Mr Menzies, as he then was, in the Engineers case in the early 1920s, when the decision of the United States Supreme Court in McCulloch v. Maryland - a decision delivered by one of the most famous chief justices of the United States Court, Chief Justice Marshall - was clearly decided by the High Court of Australia to have no relevance to the interpretation of the Australian Constitution. [More…]
I wonder sometimes at honourable members opposite when they talk about how the High Court is being denied the opportunity of resolving this great constitutional question of sovereignty because, in his second reading speech, the Minister for Minerals and Energy (Mr Connor) said: [More…]
So the Government believes that by this piece of legislation it can remove any doubt whatsoever, and the clear implication from that is that the Government does not need the assistance of the High Court, and of course with the benefit of the erudition of the honourable member for Hawker, naturally it does not need the benefit of the High Court to decide the question of sovereignty. [More…]
But then we have the arguments that came forth from both the honourable member for Blaxland and the honourable member for Hawker, that we on this side are denying to the High Court the opportunity of resolving this question. [More…]
The whole purpose of the High Court is to settle this sort of argument. [More…]
The High Court is there to adjudicate for this precise reason. [More…]
In the 1959 report of the Joint Committee on Constitutional Review, paragraph 765 quotes a statement by Sir John Latham, a former Chief Justice of the High Court. [More…]
I am afraid that the Government is in for a few shocks this year and next year when some of its more controversial legislation is challenged in the High Court. [More…]
This court will take the strain off the High Court so that it can be left to its proper function of being essentially a court of appeal for Australian law and not be burdened with so many cases of first instance. [More…]
I was of the impression that the Australian Capital Territory was in a similar category to the States but I have since found out from my inquiries into this matter that the High Court in the past has ruled that the ACT is not a State and therefore the protection of section 92 of the Constitution does not prevail. [More…]
As they and those who were responsible for the recent pilgrimage to the Privy Council are well aware, the High Court will find in favour of the Australian Government. [More…]
He has received information from Sir William Pettingel to this effect, and yet he goes ahead when he knows quite well that he cannot go ahead until such time as the case against the Pipelines Authority Act comes to the High Court. [More…]
He said with that great knowledge of his that the High Court will find in favour of the Australian Government. [More…]
I think it is an affront to the Parliament that the honourable member for Farrer should be getting up and talking about how we should develop a policy when he was the principal opponent of giving this Parliament power over the offshore of Australia, prepared to destroy his own Prime Minister and prepared to allow these matters to be taken to the Privy Council in London for decision and to see the High Court’s nose rubbed in the dirt. [More…]
I would like to know what precedent there is for not awaiting a High Court decision in these particular matters. [More…]
The High Court has held that these are not industrial matters and are therefore outside the scope of the Commonwealth Parliament’s power. [More…]
I must reply to the honourable member for Corio because I think it would be quite ludicrous to have the Parliament House on the Lake site almost adjacent to the High Court and the National Library. [More…]
The Camp Hill site has access to the internal road system which also serves the National Library, the High Court, the National Gallery, yet to be built, and government offices. [More…]
This amendment is to apply for the 1972-73 and subsequent income years and was foreshadowed in a statement I made on 28 June 1973 following the decision of the full High Court in the Stocks and Holdings (Constructions) Pty Ltd case. [More…]
The constitutional power of the Australian Parliament to enact legislation such as that contained in the Bill was clarified by the very important decision of the High Court in what is known as the concrete pipes case. [More…]
It will be the High Court. [More…]
It will be interpreted by the High Court, and the attempted preservation of it is not to be relied upon. [More…]
In due course, because of his persistence in this philosophy, Sir Garfield found himself elevated to the High Court of Australia and the present Leader of the Opposition instated in his shoes as Attorney-General with the mission of emasculating the Barwick proposals for the control of trade practices. [More…]
In October 1971 interim legislation was introduced to fill the vacuum created by the High Court’s invalidation df sections of the previous Trade Practices Act. [More…]
That was in the form of an Act which was then known as the Australian Industries Preservation Act, which was subsequently invalidated in large part by the High Court of Australia in the famous Huddart Parker v Moorehead case of 1909. [More…]
In the early 1960s the present Chief Justice of the High Court of Australia, Sir Garfield Barwick, introduced, as a Minister, a progressive set of proposals which was submitted to the House in 1962. [More…]
The Industrial Court upheld their defence - their view - and the Commonwealth, to test the constitutional basis of the legislation, took the decision of the Industrial Court to the High Court. [More…]
It is probably the most significant decision of the High Court in 50 years. [More…]
330, the majority of the High Court held, however, among other things, that a law of the Commonwealth Parliament which made it an offence for any of the types of corporations described in paragraph (xx.) [More…]
So that corporation power remained dormant until the High Court revalidated it just 2 years ago. [More…]
No one knows what will happen in the High Court. [More…]
The Trade Practices Tribunal, as we know, consists of a judge of a Federal court, not being a judge of the High Court or the court of an external Territory or a person who has the status of a judge of the Court. [More…]
To be appointed a member may be a judge of a Federal court, not being the High Court, or he may be a person who has the status of a judge. [More…]
The Government now has an opportunity as a result of last Friday’s decision of the High Court of Australia to make a great impact for the public good upon the commercial life of this country. [More…]
If there are judicial functions to be performed by the tribunal then it would do so, because ail that clause 31 does is to render a judge of a Federal court, not being the High Court or a court of an external territory, qualified to be appointed as a member of the tribunal. [More…]
If he sits as a member of the tribunal and exercises his judicial functions - I would hesitate to anticipate what the decision of the High Court would be, but in that event - the legislation could very well contravene the principles of the boilermakers’ case and so the activities of the tribunal could be brought to the ground. [More…]
This brings me to the very point that the honourable member for Moreton raised, namely, that if in the legislation it is recognised that a question of law can arise on a review by the tribunal of an authorisation refused or granted by the Trade Practices Commission, then why on that question of law should not a party aggrieved have a right to appeal to the High Court or, indeed, some other court which is given an appellate jurisdiction. [More…]
It is designed to ensure that cases can be brought before the High Court in relation to matters arising in the electoral provisions of State or Australian law. [More…]
The way in which this is done is to include a new section of the Constitution that will permit an elector of the Commonwealth to bring a relevant matter before the High Court, and an elector in a State to raise a matter relating to that State. [More…]
The terms of reference have been carefully selected in order to ensure that the High Court will not invalidate the legislation necessary to give effect to whatever agreement is reached within the context of the 11-point program that I have proposed. [More…]
I do not believe that the High Court will adopt a cast iron attitude towards questions of Commonwealth jurisdiction. [More…]
I believe that the High Court will take the same realistic attitude towards Commonwealth power in the field of industrial relations as it did in the recent concrete pipes case which overturned the Huddart Parker v. Moorehead decision of some 40 years earlier. [More…]
I believe that the High Court will find that the Constitution gives to the Parliament the power to do all the things upon which the Conference is likely to reach agreement. [More…]
However, in the event of the High Court refusing to uphold the powers needed to implement the agreement reached by the parties, the Prime Minister will convene a conference of State Premiers to ask the States to transfer to the Australian Parliament such powers as are necessary to enable the Australian Government to give the agreement reached at the Industrial Peace Conference the necessary legislative backing. [More…]
I think that it ought to be pointed out to the House that amongst the members of that Cabinet led by the then Prime Minister, Mr Menzies, later Sir Robert Menzies, who himself is, of course, a distinguished lawyer, were the present Chief Justice of the High Court of Australia, Sir Garfield Barwick, and a former Prime Minister, the right honourable member for Lowe. [More…]
If this matter went to the High Court on the question of fact I think it would be at least likely that the High Court would rule that since the House had not obeyed its own Standing Orders, the absolute majority had not been obtained. [More…]
Mr Speaker, we are trying to help you in this because we do not want the position to arise, as it may well arise from tonight’s proceedings, that the High Court would be held to rule on a question of fact as to what happened in this House. [More…]
Those legal consequences would have to be tested as a matter of fact in the High Court. [More…]
Where the High Court has as its supreme function the interpretation of the Australian Constitution I submit to you, Sir, that this House and you should play safe, that we should go through the proper procedures and that we should deal with this Bill in accordance with the proper procedures of this House as laid down in the Standing Orders. [More…]
I am not a lawyer but I put it as a point of substantial law, I appeal to you even at this stage and I appeal to the Government to get on the right foot, to do this thing in the right way and to see that the legal forms of the Standing Orders are observed so that the requirements of the Constitution can be properly met without challenge in the High Court. [More…]
Sir Garfield Barwick was made Chief Justice of the High Court. [More…]
Sir Garfield Barwick was appointed to the position of Chief Justice of the High Court. [More…]
The High Court shall have original jurisdiction in matters arising under sections twenty-four, twenty-nine, thirty, fourty-one or one hundred and six a of this Constitution. [More…]
The first words of section 75 of the Constitution deal with the original jurisdiction of the High Court of Australia. [More…]
In which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: the High Court shall have original jurisdiction. [More…]
The Parliament may make laws conferring original jurisdiction on the High Court in any matter - [More…]
There is also a provision in this Bill which seeks to give to the High Court of Australia power of original jurisdiction, power to exercise a control over manipulation of Australian electorates, a power which will be a safeguard, a sentinel, on behalf of the Australian people. [More…]
I certainly believe that this proposal is arguable as to its correctness under the Constitution, and further I should be very surprised if the States did not challenge it in the High Court. [More…]
I believe the States should very carefully consider the attack which the Prime Minister clearly is making on their authority and I think their study of this proposal could well lead them to the conclusion that it demands their challenging it in the High Court. [More…]
Clause 6 of the Bill is designed to amend section 75 of the Constitution to confer original jurisdiction on the High Court in respect of certain matters affecting Commonwealth and State elections and electoral disputes. [More…]
Already there are some provisions in the Judiciary Act which could, perhaps, enable cases that are commenced in a court of a State and which involve the exercise of such jurisdiction to be removed into the High Court. [More…]
It must be remembered too that whilst the High Court of Australia would undoubtedly consider the United States Constitutional and law, it would riot necessarily be found by it. [More…]
Those who follow the decisions of the High Court - in particular the recent decision in the concrete pipes case - will know the extent to which the application of the Constitution and the relative powers between Canberra and the several States have changed both as a result of those decisions by the [More…]
I think it is a healthy day for the role of the Opposition, for the Parliament and for those who have been keen to see that the different viewpoints expressed in the Federal Parliament to those expressed in the State Parliament can now be resolved by way of this legislation should the States wish to take the matter to the High Court. [More…]
In a case that was decided before the High Court it was indicated that it was not necessary for a court to take account of the declining value of money in assessing compensation - the decline between the date of acquisition and the date of payment following a judgment in the court. [More…]
I urge the Minister to look at the question of the provision of adequate compensation as if the constitutional requirement were there for the provision of just terms and a recognition of the importance of providing an increase in value to take account of the declining value of money notwithstanding an earlier decision of the High Court taken under different conditions and at a different time. [More…]
It has been held by the courts of the land, and in particular by the High Court of Australia, that in general terms the existing legislation relating to the acquisition of land complies with that requirement. [More…]
This hardship operates particularly as a consequence of the earlier High Court decision which, in the circumstances of the particular case before the High Court, indicated that the legislation did not require of the assessing body the inclusion in any determination of compensation a figure to take account of inflation within the economy. [More…]
The way in which the honourable gentleman put it was that if prices power were granted it would not include power over wages because, as he put it, if the referendum on incomes were rejected the High Court would say that it had been rejected as incomes, including wages, and therefore wages could not be fitted into prices. [More…]
If the High Court were asked to interpret the meaning of the word ‘prices’ it would interpret it according to the ordinary rules of construction and on the basis of the ordinary rules of construction while it is not certain that it would include wages, it is nevertheless the opinion of most lawyers - as the Prime Minister acknowledges - that it would include wages. [More…]
My Government believes that the High Court of Australia must become the final court in all matters pertaining to Australia and to the legal rights and obligations of its citizens. [More…]
My Australian and United Kingdom Ministers were agreed that the High Court of Australia is the appropriate tribunal to determine the issues raised in the petitions and, accordingly, that the petitions should not be referred to the Judicial Committee. [More…]
In fact, you will have a proper distribution in Kalgoorlie and the Kimberleys and any disputes will be determined by the High Court. [More…]
I do not think there is any doubt but that the High Court would hold section 128 to be capable of amendment according to its own procedures. [More…]
As my friend the honourable and learned member for Stirling (Mr Viner) would recall, in the Hamersley case in 1970 or 1971 Western Australia imposed a receipt duty that was held by the High Court to be an excise. [More…]
This matter was splendidly explained, if I may say so with respect, by the former Chief Justice of the High Court of Australia, the late Sir John Latham, in one of the classic cases on this very point, Graham v. Paterson. [More…]
The States understandably have been concerned as to whether they can make a reference subject to conditions, Sir John dealt with this as far back as 1950 when he was the Chief Justice of the High Court of Australia. [More…]
The only instrument of change in the whole country - notwithstanding that 70-odd years have passed since Federation - has been our High Court. [More…]
It took more than 60 years for the High Court to be able to change it. [More…]
If referendums will not do it and if the High Court, although more successful, cannot do it, another means has to be found. [More…]
Let us hope that the High Court judges do the right thing’ - which they do, because they are Australians like the rest of us - from where does the opposition come? [More…]
Let us add a new dimension to constitutional change, beyond the High Court and the referendum process which has proved so difficult. [More…]
Even though we suspend Standing Orders - I am going to vote for that suspension in a moment - it may be that the referendum itself would be illegal and open to challenge in the High Court of Australia because of the specific nature of Standing Order 263 which already has had its effect. [More…]
As the honourable gentleman knows, members of the Commission are given the same rights as High Court judges. [More…]
If there are any disputes as to the application of this constitutional provision the High Court will be able to determine such disputes because any elector or any person who claims to be an elector will have the right to approach the High Court. [More…]
So since the High Court of Australia has said that the Commission cannot make an award unless there is first a log of claims served and cannot make an award in respect of a matter of an intra-state character or that contains matters or deals with matters that impinge upon managerial prerogative, then you cannot under the law, under the Constitution itself, under the Act or even under my Bill, certify an agreement that touches upon matters that cannot be dealt with by the Commission. [More…]
He was appointed as Chief Justice of the High Court of Australia because he got out of step with Sir Robert Menzies in relation to foreign policy. [More…]
I said that Sir Garfield Barwick was appointed by the Liberal Party as Chief Justice of the High Court of Australia. [More…]
Of course, the 2 legal eagles who diligently carried out their duties and did a good job for the Liberal Party finished up with appointments to the High Court of Australia. [More…]
I heard an interjection: ‘Remember Barwick’, ls there somebody in this House other than the interjector, who had better identify himself, who says that the appointment of Sir Garfield Barwick as Chief Justice of the High Court of Australia was not an appointment accepted by every member of this House and by the whole Australian public as a very fine appointment? [More…]
I cannot expose the honourable gentleman at greater length at this stage because, as honourable members will understand, he may be brought to book in the High Court. [More…]
I do not intend to canvass tonight what may result in an injunction before the High Court. [More…]
The Australian Government is convinced that the High Court of Australia must become the final court in all matters pertaining to Australia and to the legal rights and obligations of its citizens. [More…]
It says that it will fight them right through and take them to the High Court of Australia. [More…]
This criterion was not met, and the issue will probably be tested in the High Court of Australia. [More…]
So it appears that even should the double dissolution criterion be accepted by the High Court it is inevitable that there will be a series of challenges by State governments as to the authority which is being taken by the Commonwealth. [More…]
High Court. [More…]
The constitutional power of the Australian Parliament to enact legislation such as that contained in the Bill was clarified by the very important decision of the High Court in what is known as the Concrete Pipes case. [More…]
The Constitution established the High Court of Australia, and it empowered Parliament both to create other Federal courts and to invest the courts of the States with Federal jurisdiction. [More…]
The proposal for the Superior Court was originally put forward by the present Chief Justice of Australia when he was AttorneyGeneral and the justification for setting up the Court rested largely on the need to relieve the High Court of most of its single justice original jurisdiction. [More…]
The High Court would thus concentrate on its task of interpreting the Constitution and acting as the ultimate court of appeal within Australia. [More…]
There were then substantial arrears of work in the High Court, but this has been remedied. [More…]
I have already indicated the Government’s view that the justification for establishing the Superior Court does not rest entirely on the circumstantial foundation of the work load on the High Court at any particular time. [More…]
The High Court will be left free to continue its great work as a constitutional and appeals court. [More…]
There would be no appeal to the High Court from the decisions of the Superior Court in those matters in which there is now no appeal to the High Court from the Industrial Court. [More…]
It is proposed that the new Court would take over the original jurisdiction now exercised by the High Court under laws made by the Parliament, except for some few cases where, in the nature of the jurisdiction, it seems appropriate for the High Court to continue to exercise it. [More…]
For example, it is not proposed that the jurisdiction of the High Court as a Court of Disputed Returns under the Electoral Act should be transferred to the Superior Court. [More…]
It is not, of course, constitutionally possible to divest the High Court of the jurisdiction conferred on it directly by the Constitution. [More…]
In such matters, the Superior Court would exercise a jurisdiction concurrent with that of the High Court, but it may be expected that, for the greater part, actions would be instituted in the Superior Court rather than in the High Court. [More…]
With the proposal that the High Court should sit only in Canberra, its exercise of original jurisdiction in all but the most important matters will become relatively inaccessible to litigants residing in the States. [More…]
Under the 1968 Bill an appeal would have lain directly from a single judge of the Superior Court to the High Court. [More…]
The present Bill also provides for an appeal from the Full Court of the Superior Court to the High Court, but only by leave of the High Court or of the Full Court of the Superior Court. [More…]
I am confident that the Court will achieve considerable stature, and will be subordinate only to the High Court as the interpreter of Federal law in Australia. [More…]
There is one place in which one cannot as yet refer to the Commonwealth of Australia as Australia, and that is in the High Court of Australia. [More…]
In the High Court reference is still made to the Commonwealth of Australia, but that is because the High Court follows the Constitution. [More…]
The Seas and Submerged Lands Act 1973 is the subject of challenge in the High Court and if the Commonwealth’s position is upheld it would be a natural and logical consequence to provide the means to carry out this new responsibility effectively. [More…]
Its validity is ultimately dependent upon a High Court challenge while a code for the development of petroleum resources is the subject of a Commonwealth-State agreement. [More…]
We have no statement as to Government intentions in respect of assisting State governments which have benefited from royalty receipts if the Commonwealth’s position in the High Court is upheld. [More…]
I referred a little while ago to decisions to be made by the High Court. [More…]
The Commonwealth Government has repeatedly asserted that the only proper way of resolving the present disagreement over off-shore sovereignty is to take the matter to the High Court. [More…]
Nevertheless the Commonwealth insists on introducing legislation which, if passed by the Parliament, could well come into effect before the High Court has given its decision. [More…]
That Bill arose from a decision of the High Court of Australia in the now famous Bonser v. La Macchia case. [More…]
In the judgment of the High Court the Chief Justice, Sir Garfield Barwick, said: [More…]
Even though the Bill was passed into legislation in its emasculated form it has allowed the matter to be tested in the High Court so that once and for all a decision on jurisdiction can be made. [More…]
The Act will come before the High Court and honourable members know what the High Court will say. [More…]
I believe the High Court will approve the legislation. [More…]
I also believe that the legislation to which I have referred will be upheld in the High Court. [More…]
Proceedings have been initiated in the High Court in relation to that assertion. [More…]
I point out that what the right honourable gentleman has said for many years - I have heard him say it many times - is that the Commonwealth should assert that it has sovereignty and the High Court should be left to decide who has sovereignty. [More…]
The High Court is in the midst of determining the sovereignty issue. [More…]
That enactment is at present the subject of a High Court challenge by several States which are seeking a declaration that it is unconstitutional. [More…]
The Minerals (Submerged Lands) Bill 1974 provides a code for the exploration and mining of minerals in the area over which the Commonwealth claims sovereignty and in relation to which the honourable member for Blaxland says the High Court is going to give the Commonwealth sovereignty. [More…]
Of course, it will be recalled that immediately he made that assertion I interjected and that he then retreated and said that the High Court will be deciding whether it is constitutional. [More…]
The fact of the matter is that the High Court will be determining the issue and, at this point, nobody, not even the High Court, knows what that determination will be. [More…]
Because the Bill that we now have before us relies on the very existence of sovereignty the constitutional validity of which the present High Court challenge will determine, its introduction is premature. [More…]
The determination by the High Court is basic to the whole matter. [More…]
Let me remind honourable members that the judges of this court will be appointed for life because it will be a Federal court and under section 72 of the Constitution, as that provision has been interpreted by the High Court of Australia, they must be appointed for life. [More…]
There are also provisions to transfer the existing jurisdiction from the existing courts - from the Australian Industrial Court, the Federal Bankruptcy Court, the Supreme Court of the Australian Capital Territory and the Supreme Court of the Northern Territory, and from the High Court insofar as that can be done. [More…]
There will be provisions for appeal from this court to the High Court, but only by leave. [More…]
Constitutional cases which arise in this court can be transferred or removed to the High Court by the Attorney-General of the Commonwealth. [More…]
In the Constitution in chapter III there is provision for it to be exercised by 3 distinct bodies - by the High Court itself; by a Federal court created by this Parliament, and that is what the Government is seeking to do under this Bill; and by section 77 (iii) which provides the means to enable rights and duties under Commonwealth law to be enforced in State courts. [More…]
The use of State courts was therefore seen by the founding fathers as a means of maintaining a simple court system within the Federation with the High Court as the supreme court of Australia. [More…]
One other matter which is extremely important and which has created a tremendous problem in the United States of America is that if the Human Rights Bill finds it way into Federal law, and in the unlikely event of the High Court upholding it to be valid, this Superior Court would be able to direct its writs to the judgments of the State Supreme Courts, with consequent tension. [More…]
There is a case way back in our history in which the Justices of the High Court disagreed on this question. [More…]
Recently when it was mentioned some of the judges of our own High Court took differing views. [More…]
I ask: Can the right of appeal to the High Court he taken away? [More…]
I ask that question because the judges of this court are officers of the Commonwealth just as judges of the Federal Industrial Court are officers of the Commonwealth and they are subject to the original jurisdiction of the High Court under section 75 (5.) [More…]
There is already in the Australian Capital Territory a Full Court and if the judges were appropriately appointed it could handle appeals from the Northern Territory and then there could be appeals by leave to the High Court, thus giving the ideal of having 2 appeals. [More…]
Constitutional questions should be dealt with in State courts unless they are of such significance that they should be removed into the High Court, and this can be done under provisions which ought to be inserted in the Judiciary Act by way of amendment. [More…]
That development was described by 5 judges in the High Court in the boilermakers’ case in 1955, led by Sir Owen Dixon, then Chief Justice of Australia and probably the greatest exponent of the common law the world has ever known. [More…]
I have referred to His Honour the late Chief Justice Dixon who led the High Court when he described the unique Australian experience of the autochthonous expedient. [More…]
I quoted Sir Garfield Barwick, one of the great lawyers of the country and now the Chief Justice of the High Court of Australia. [More…]
He commenced his proceedings in the Australian Capital Territory Registry of the High Court. [More…]
The High Court decided to sit in Sydney. [More…]
We have the original jurisdiction of the High Court which that body does not want and which it asks be taken from it. [More…]
I understand that Dr Weber has appealed to the High Court in Austria. [More…]
I have to inform the House that this morning 1 was served with a writ of summons from the Principal Registrar of the High Court of Australia commanding me within 21 days to cause an appearance to be entered by me in the High Court of Australia in an action at the suit of Sir Magnus Cameron Cormack and James Joseph Webster, and notifying me that, in default of my so doing, the plaintiffs may proceed therein and judgment may be given in my absence. [More…]
In regard to the matter of the privileges of this House, without debating the question before the High Court, I think the Minister should seek leave to make a statement after question time to deal with the privileges of this House only and not in regard to the case that is before the High Court; that is. [More…]
The High Court of Australia has said time and time again - in no fewer than 166 different cases since 1904 - that the Australian Government and the Australian Parliament have no power directly to intervene in industrial relations. [More…]
Having taken the proposal for the Joint Sitting once to the High Court, it has even said it is going to take it there again and so deny the people their democratic rights. [More…]
A further attempt was made in the past few days in the High Court of Australia to prevent the enactment of this Bill, along with the other 5 Bills, into law. [More…]
I well recall Senator Wright saying so well in the debate on that occasion: If the Government would use the argument of stalling and obstructionism in the case of a committee which was to report in a fortnight, how would it describe seven High Court judges, in touch with one another, deliberating on one occasion for 15 months in order to reach a determination? [More…]
We believe that the consistency of our record is well before the people and that when the Government lays before the High Court the arguments on constitutionality the High Court will be interested in reading the document as a whole. [More…]
No doubt these will be tested in the High Court at the appropriate time. [More…]
Probably the most historic change in the Constitution was that which occurred when the High Court ruled that there could be uniform taxation. [More…]
When the amendment to the Constitution was passed, the High Court of Australia held that the requirement by the then Labor Government with regard to pharmaceutical benefits was an infringement of the provision of the Constitution relating to civil conscription. [More…]
If that were upheld by the High Court as an infringement of the Constitution with regard to civil conscription, can members imagine what the High Court of Australia may say not so long ahead with regard to sessional doctors who, under the Hayden health scheme, will be required to deal with government in the way in which this form-filling-in government always requires? [More…]
I wonder at the constitutional opportunities in the future for our High Court to deal with the implementation of the scheme as we are seeing it unfolding in this place. [More…]
There has been litigation before the High Court. [More…]
-This Petroleum and Minerals Authority Bill will receive the support of this Joint Sitting and of the nation despite pending High Court litigation initiated by the supporters of vested interests who sit opposite. [More…]
It will again be opposed in the High Court. [More…]
He is used to taking matters to the High Court. [More…]
He has said that if this Bill is carried at this Joint Sitting he will take it to the High Court, although he was unsuccessful in his previous application a few days ago. [More…]
Of course, he got involved in this High Court case because he was trying to dodge taxation. [More…]
But this Bill, if it passes this Joint Sitting and the High Court, will give a government instrumentality enormous powers possessed by no other instrumentality, public or private. [More…]
It was the previous Government that established before the High Court the wide powers under the corporations power in relation to trade practices. [More…]
It is frightening to think that people could in the normal course of their employment travel interstate and lose the protection of the law normally afforded them in their own State which would allow them to appeal to the High Court of Australia. [More…]
That the Federal Management Committee decides to place as many bans as possible on the following 6 builders whose names appear on the legal document in relation to the High Court application. [More…]
Following the deregistration of the union about which we are speaking the High Court of Australia issued a writ against Her Honour Justice Evatt. [More…]
The High Court must be held in contempt in this case by the findings in the case of Australian Iron and Steel Ltd against the Illawarra Deputies and Shotfirers Association that was heard in Banco by Mr Justice Street, Mr Justice Owen and Mr Justice Herron. [More…]
The firms have been held to ransom almost so that they will not appear before the High Court. [More…]
How can the signatories to the affidavits and the companies which have appealed to the High Court be protected? [More…]
What sort of pressure will be put on to them or what forms of intimidation will they and their families have to undergo so that they will not appear before the High Court? [More…]
The granting of taxation powers and logical liberal High Court interpretation of the Federal Government’s powers have assured this. [More…]
That the Federal management committee decides to place as many bans as possible on the following 6 builders whose names appear on the legal document in relation to the High Court application. [More…]
They are the 6 persons who applied to the High Court for a writ of prohibition. [More…]
The employers application to the High Court for a writ of prohibition and moving for de-registration of the New South Wales Branch in the State jurisdiction is a clear indication that employers are deliberately setting out on a course of confrontation designed to provoke and destroy the Builders’ Labourers Federation. [More…]
On that day, or the next day Mr Gallagher, general secretary of the Australian Building Construction Employees Federation asked Walter John Glover, industrial officer of the Master Builders Federation, what the High Court writs were all about. [More…]
The position now is that it is highly probable, if it has not already been stated to be the fact, that these 6 applicants for a writ of prohibition will withdraw their proceedings in the High Court next Tuesday. [More…]
I have no doubt that if there has been some contempt of court the High Court would not accept it, that the employers organisations which were concerned would take action. [More…]
It is quite clear that the Attorney-General apparently intends to do nothing about it, notwithstanding that those facts reveal a prima facie case of contempt of the High Court. [More…]
The situation, of course, is that if these 6 applicants withdraw their case this serious matter will not be brought before the High Court. [More…]
The High Court does not usually act on its own motion in matters of this description. [More…]
That duty is to uphold the authority and dignity of one of the highest institutions in this land, and that is the High Court. [More…]
The problem in New South Wales arose from the fact that the State organisation in New South Wales, which, I repeat, believed itself to be the State branch of the Federal organisation, had taken into its membership owner-drivers and taxi drivers who, by virtue of many decisions of the High Court of Australia, were not eligible to be taken into the membership of a federally registered union. [More…]
The High Court has ruled on many occasions that the test that has to be applied as to whether a person is eligible to become a member of a union is whether he is an employee and whether he is engaged in an industrial pursuit. [More…]
It is an absurd and stupid ruling which only the High Court could give. [More…]
No one else would ever dream of applying the sort of principles that the High Court applied in the fire fighters case of not so many years ago, but it has done so and we are stuck with it. [More…]
So long as we are stuck with the present occupants of the High Court we are stuck with these absurdities. [More…]
I know that the honourable member for Moreton becomes terribly upset whenever I talk about the High Court. [More…]
The honourable member for Stirling (Mr Viner) also seems to become very upset, in fact all lawyers seem to become very upset, whenever one points to the absurdities of the High Court. [More…]
Whether they think that one day they might have to appear before the High Court or, better still, might themselves be members of the Bench and they want to establish beforehand for the institution a kind of prestige that they will be able to enjoy later is something which has always bewildered me. [More…]
A challenge was mounted in the High Court by the Retail Tobacco Traders Association. [More…]
However in its judgment on 1 April 1974 the High Court upheld the tax though it judged that the regulations in force to collect it were invalid. [More…]
The State Government quickly drafted some new regulations to get around the High Court judgment. [More…]
In another way, it is rather like appointing an economist to the High Court of Australia. [More…]
We reject the Minister’s allegation that the Opposition is to blame for delays in development because of the High Court challenges to the Petroleum and Minerals Authority Act and the Petroleum (Submerged Lands) Act. [More…]
He has refused both Broken Hill Pty Co. Ltd and Wapet new search areas pending resolution of the High Court challenge. [More…]
We are determined that once and for all the principle of sovereignty off shore will be decided by the High Court. [More…]
As I have said, we are awaiting a High Court decision in this respect. [More…]
When we win the High Court case there will be a real drilling program on the north west shelf. [More…]
The Minister in his second reading speech was critical of the High Court of Australia. [More…]
It is the High Court which may eventually be called upon to interpret this Bill. [More…]
If this Bill is passed by this Parliament without regard to the legislation which may be passed by the States, the likelihood is greater that the High Court may interpret conflicting legislation of this Parliament and of the State Parliaments in a manner different from that intended by the Minister. [More…]
In those circumstances it would be most unjust for the Minister to criticise the High Court. [More…]
If Federal and State agreement is not reached on the precise details of State legislation before this Bill is passed, we could have at least misunderstandings and more confusion in industrial relations and, at worst, another High Court case on our hands. [More…]
The Federal body took the view that a branch which was taking into its membership people who could not become members of the Federal organisation was putting in peril the Federal body’s registration because at that time the Act made no provision for a Federal body to accommodate people who were not employees within the strict definition of the term ‘employees’ which the High Court had from time to time placed upon it. [More…]
In 1973 we introduced an amendment to the Conciliation and Arbitration Act which sought to remedy the defect which up until that point had been a characteristic of the Commonwealth Arbitration Act by allowing a Federal body to take into its membership people who were not employees within the strict sense of the word as so tightly interpreted by the High Court, provided that the organisation remained predominantly an organisation representative of employees who were employees in the true and strict sense of the word. [More…]
There is a view which is stated to flow from the High Court decision in the Tramways case that a rule of an organisation on a matter prescribed by the Act or the regulations as required to be dealt with in the rules is necessarily mandatory. [More…]
I would not be so bold as to try to pontificate on what the High Court would do with what we are doing. [More…]
There is every reason to believe that what we did last year would not survive a High Court ruling if the High Court stuck to its decision in the case of Pitfield v. Franki, because it was in that case that the High Court laid down that the question whether a person is an employee is not resolved by testing what work the employee does, but by testing the calling or the industry of the employer. [More…]
If the employer is engaged in an industry that is not carried on for profit, then it may be that none of the people he employs are employees within the very strict sense of the definition given to the word ‘ employee ‘ by the High Court. [More…]
All we can do is apply commonsense to the legislation and make amendments that are sensible and which seek to resolve problems, and be prepared to support the legislation whenever it is challenged in the High Court in the hope that the High Court does move with the times as it did in the Rocla concrete pipes case. [More…]
As the High Court showed in that case, it is not averse to admitting mistakes and is not averse to moving with the times and to facing the realities of the day. [More…]
The words ‘for the purposes of this Act’ are very important because, if we go back into the institutional history, we know that in the Jumbunna case, and the Minister will recall that, the High Court said that incidental to the industrial power organisations of employers and employees could be established. [More…]
Of course, the Act which does this is the Act we are now dealing with and it was for the purposes of conciliation and arbitration under this Act that the High Court said these organisations could be formed. [More…]
We can then have the High Court constitutional challenge after all that is done. [More…]
But in the container demarcation dispute in which the Transport Workers Union was involved in the High Court seemed to me, at any rate, to modify some of the attitudes it had taken many years ago in this area. [More…]
I fail to see that it could be held by the High Court that it is not an industrial dispute within the meaning of the Conciliation and Arbitration Act and the Australian Constitution when 2 unions are seeking to represent the interests of employees and bargain with an employer and there is a stoppage of work and there are counter-demands as between 2 organisations and an employer. [More…]
Before his appointment to the Supreme Court of New South Wales in 1958 he had had an extensive appellate practice before the High Court of Australia and the Privy Council, representing the Australian Government and various State governments in many important constitutional cases, including the uniform tax case in 1957. [More…]
The amendment to section 154 is designed to remedy a deficiency revealed by a recent High Court decision. [More…]
I was pleased when Mr Justice Jacobs was appointed to the High Court during the last year, I think it was. [More…]
In the interim we need to wait for the decision of the High Court. [More…]
Indeed much of the time of our High Court is taken up by the consideration of cases involving the assessment of damages in accident cases at considerable economic expense to the community in the form of court buildings, judges’ salaries, court costs, insurance premiums and, last but not least, of all counsels’ and solicitors’ fees. [More…]
If, as is quite possible, the High Court holds that there is no power to abolish the common law right to damages it will produce a chaotic situation. [More…]
Let us understand on what basis a matter goes from the tribunal to the High Court, the Industrial Court, or the Supreme Court of the States, because there will be no Superior Court. [More…]
I assume that the honourable member for Wentworth, who was at one time Solicitor-General, is correct in his assumption that the constitutional problem can be referred to the High Court of Australia before the provisions of the Bill are implemented and somebody is forced to take action. [More…]
I can well remember the now Chief Justice of the High Court of Australia going around Australia getting opinions, attending public meetings, receiving submissions and sifting through all of the evidence and material on that subject. [More…]
The splendid assurance given by the Minister in this House is not going to be received by the High Court of Australia. [More…]
It has been pointed out in this place that there is some constitutional doubt as to the validity of this Bill and that if the High Court decides that the Bill does not abolish common law rights and clauses 92 and so on of the Bill are therefore invalid, very grave consequences will occur to the Australian economy. [More…]
To say what a man and his wife would get if both decided to come into the retraining scheme is like saying that if a man and his wife were both on the High Court they would get about $70,000 a year between them. [More…]
Yet at a time when we have a Minister working quietly in an extremely complex and vital area with a new Department and with key Acts under challenge in the High Court, we have bleats from the Opposition because there is no instant policy. [More…]
Because the Minister claims that there is a High Court challenge to the Petroleum (Submerged Lands) Act. [More…]
The Petroleum and Minerals Authority is under challenge by the State governments in the High Court of Australia, yet the Minister goes ahead and spends money- he is going to try to spend $50m in the next eight or nine months- investing taxpayers’ money in many areas where its investment is probably not warranted. [More…]
For instance, he did not mention that the present Government is the first Government to pass legislation which will effectively guarantee the sovereignty over the offshore areas of Australia that the Seas and Submerged Lands Act will give to the Australian Parliament if the challenge in the High Court of Australia is rejected as we believe it will be; that the Government introduced the National Pipeline Authority Act, which provides for the setting up of an inter-connected grid to supply all the east coast cities and regional centres of Australia with natural gas from the west of Australia and the north west shelf; that since the Government took office the Minister for Minerals and Energy has improved the price of Australian exports to our major trading partner, Japan; that the Minister for Minerals and Energy secured a 20-odd per cent differential from the major Japanese steel firms when our currency was revalued and that he has since secured by negotiation further price increases in iron ore; that the price of coal to Australian exporters to Japan has increased by 50 per cent in that period; and that the manner in which Australian coal producers were straggling to Japan one after another and being picked off by the Japanese companies and MITT- the Japanese Ministry of International Trade and Industry has ended and that, in short, he has brought rationalisation and common sense to the fastest growing industry in Australia. [More…]
The challenge is on, the High Court will hear it and we will win. [More…]
Because the Victorian Attorney-General has claimed that the activities of the Australian Government contravened the law, will the Minister tell this House in what areas the Australian Government’s initiatives are contrary to the Constitution and whether he expects a High Court challenge by the Victorian Government to Australian Government policies relating to education, health, welfare, legal aid and/or financial assistance for municipalities? [More…]
Perhaps the most overt political appointment of the lot was the appointment of the present Chief Justice of the High Court, who was becoming a threat to the then Prime Minister, who felt that his own position was in jeopardy. [More…]
There will be a right of appeal to the High Court on any question of law involved in a decision of a Board of Review. [More…]
The fundamental problem is that it is the Government of Western Australia which is responsible for the High Court challenge which has thrown into jeopardy not merely the Petroleum and Minerals Authority Act but also the Seas and Submerged Lands Act and the Pipeline Authority Act by challenging the Commonwealth sovereignty. [More…]
When that matter is determined- may I inform the House that it will be the subject of reference in the High Court on the 27 November when Commonwealth counsel will ask for the earliest possible hearing date, and we hope that it will be set down for hearing at the commencement of the first term in 1975- then we will be able to proceed with the true exploitation of the North West Shelf. [More…]
Actually, this Bill and these amendments follow a High Court ruling in what has become known as, I think, the Sarah Coventry case. [More…]
However, as a result of this High Court decision this procedure would be disallowed and the basis of valuation would thus have to be the price which was charged to the importer by the exporter. [More…]
Surely it is the basis of all justice that if individuals or individuals and governments cannot agree on a matter then there is always a supreme court or, finally, the High Court available to settle the issue. [More…]
Notwithstanding anything contained in this Act, where land is acquired under this Division, the High Court or the Supreme Court may, upon the application of the Commonwealth or any other person interested, make such orders as it thinks proper . [More…]
Where a claim for compensation has been rejected by the Minister, the claimant may bring an action against the Commonwealth in the High Court or the Supreme Court - [More…]
b ) By the Supreme Court or the High Court. [More…]
The relevant sentence states: … the High Court or the Supreme Court may, upon the application of the mortgagor and subject to such conditions as it thinks fit, order a stay of those proceedings . [More…]
Section 64 of the Act provided that the Australian High Court has jurisdiction to hear and determine appeals of all judgments, decrees, orders and sentences of a Full Court of the Supreme Court of Papua New Guinea. [More…]
Admittedly that is something that has not really been fully tested in the High Court of Australia, except I suppose in the concrete pipes case, but certainly I think the foreign corporations power ought to be specific enough. [More…]
A further right of appeal is proposed to the High Court on any matter of law involved in a decision of a Board of Review. [More…]
To my knowledge 3 test cases have been taken to the Board of Review and two to the High Court of Australia. [More…]
A system of opposition proceedings by interested persons before grant, with the oportunity of appealing to the High Court, further reduces the number of invalid patents granted. [More…]
The question of the validity of a patent is ultimately a matter to be determined by the High Court but there is strong evidence that the validity of a patent is rarely attacked once the patent has been granted. [More…]
Can the Minister for Minerals and Energy inform the House of the current position of the hearing of the High Court challenge by the Australian States to the vali’dity of the Seas and Submerged Lands Act? [More…]
-The position is that last Thursday the High Court fixed the date of hearing of the challenge by the 6 Australian States as 1 1 March next. [More…]
We commend the provisions dealing with the lower courts, the House of Assembly, electoral matters and trie repeal of appeals to the High Court of Australia, just as we commend the smooth and early transition of Papua New Guinea to independence. [More…]
The High Court, as we know, will readily give us the answer- not that the present measure lacks a degree of constitutional support. [More…]
No doubt in due course the High Court will tell us about that. [More…]
In Burgess ‘s case in the High Court reference was made to the power of the High Court over external affairs. [More…]
The big question will arise, of course, in the High Court, if this Bill should ever be challenged, as to whether treaties in relation to wildlife are an external affair which enables this Parliament to pass laws under that head of power. [More…]
I do not think for a moment that the legislation should be used to invoke the powers of either the Minister for Minerals and Energy (Mr Connor) or the proposed Petroleum and Minerals Authority which is currently under challenge before the High Court. [More…]
Attorney-General to the High Court was not activated by the imminence ofthe ides of March 1975 rather than the legal eminence of his accident-prone colleague? [More…]
I address to the Prime Minister a question concerning the appointment of Mr Lionel Keith Murphy, a Queen’s Counsel, to the High Court of Australia. [More…]
He is the fifth Attorney-General of Australia to become a Judge of the High Court. [More…]
-Mr Deputy Speaker, in 1900 John Quick and Robert Garran- later Sir John Quick and Sir Robert Garran- who were the first, and who are among the most distinguished, commentators on the Constitution, described the High Court of Australia as ‘The crown and apex, not only of the judicial system of the Commonwealth, but of the judicial systems of the States as well. ‘ [More…]
It is true that, for reasons peculiar to the circumstances of the time, the Constitution did not initially and automatically close off the avenue of appeals from Australian Courts, including the High Court, to Her Majesty in Council. [More…]
But the Constitution gave the plainest of indications that the High Court was expected to become the final court of appeal from all Australian courts in all Australian matters. [More…]
In 1968, this Parliament passed an Act which was suported by the Australian Labor Party and which was described by its sponsor as an historic step towards the establishment of the High Court as the final court of appeal for Australia. [More…]
Appeals from the High Court in constitutional and other federal matters have been abolished. [More…]
Appeals from the High Court involving the socalled inter se questions cannot be brought to the Privy Council without a certificate of the High Court, and no certificate has been grantd since 1912. [More…]
Now, almost 75 years from the enactment of the Constitution, Parliament is being asked to take the 2 remaining steps needed to make the High Court of Australia the final court of appeal for Australia in Australian matters. [More…]
One Bill- the Privy Council (Appeals from the High Court) Bill- takes to its logical conclusion, in so far as appeals from the High Court are concerned, the legislation passed in 1968. [More…]
The effect of the Bill is to preclude appeals from the High Court in matters of a wholly State character. [More…]
The Government of the time did not accept the amendment- not because it did not agree with it but because, as I apprehend, it considered that there might be some litigants from some States who might want to avoid the High Court and take appeals direct to the Privy Council. [More…]
I want honourable members to understand that this Bill, like the first Bill, is a Bill devoted to making the High Court Australia’s final court of appeal. [More…]
It cannot go beyond the High Court unless it involves an inter se question and even then only with a Certificate of the High Court. [More…]
There are those who apparently will resort to all kinds of devices to bypass the High Court. [More…]
The High Court of Australia is no ordinary court. [More…]
From the beginning- that is to say, by force of the Constitution itself- the High Court was given jurisdiction to hear and determine appeals from the Supreme Courts of the States. [More…]
The High Court was not confined, as is the Supreme Court of the United States of America, to federal or constitutional cases. [More…]
Time and time again the quality of the justices of the High Court and the excellence of their legal learning have been extolled by English-speaking lawyers- indeed, by members of the Judicial Committee of the Privy Council. [More…]
I put Australian lawyers, as epitomised for instance in the judges of the High Court, as second to none and I mean this meed of praise in absolute terms, that is, making no allowance whatever for the relative size in the populations of the countries concerned. [More…]
Today, the High Court of Australia has a reputation as one of the great common law courts of the world and I should like, on this occasion, to pay a tribute to the leader of it who brought it to that high pinnacle of fame and who is still with us, Sir Owen Dixon. [More…]
His judgements in the High Court came to be very widely esteemed throughout the English-speaking world. [More…]
Sir Henry Bolte, when Premier of Victoria, gave as his reason for wanting to retain appeals to the Privy Council that Victoria was not satisfied with the High Court. [More…]
It apparently annoyed him that the High Court intervened the day before Robert Peter Tait was to be executed in 1961 and granted a stay of execution and that as a consequence the Victorian Government had to commute Tait’s sentence of death to life imprisonment. [More…]
The actions of the Queensland Premier in repeatedly asking the British Government to seek advisory opinions from the Privy Council indicate only too clearly his desire to avoid the High Court. [More…]
Nothing more clearly underlines his lack of respect for the High Court. [More…]
Thirteen of the thirtyone Justices who have served on the High Court were appointed from State Supreme Courts. [More…]
The Privy Council Appeals Abolition Bill will have the effect of abolishing appeals from Australian Courts, including courts of a State, other than the High Court. [More…]
The Bill will also exclude approaches being made for advisory opinions of the Privy Council under legislation of the early 19th century- the Judicial Committee Act 1833- to which certain State Governments have endeavoured to have resort, as a means of bypassing the High Court, over the past three years. [More…]
It will be open to any State to challenge the validity of the Bill in the High Court. [More…]
It is necessary to get rid of the procedures for obtaining advisory opinions from the Privy Council because of the way in which certain States have endeavoured to use those procedures in order to by-pass, or to embarrass, the High Court. [More…]
Now, these were questions that were certain to come before the High Court- and in fact are presently awaiting determination by the High Court. [More…]
Moreover, they were inter se questions on which no appeal could be made to the Privy Council from the High Court without the High Court’s approval. [More…]
An advisory opinion from the Privy Council could not have precluded litigation before the High Court. [More…]
Any advisory opinion from the Privy Council which might have been at variance with the decision of the High Court one assumes could not have prevailed against the decision, the judgment ofthe High Court. [More…]
This was not a question where governments alone would be concerned because matters concerning rights to the seabed so far have come to the High Court for decisiondecisions have been given- not at the instance of the Federal Government or of any State government, but at the instance of private citizens. [More…]
Even if governments had agreed to request the British Government to recommend to the Queen of Britain that she seek an advisory opinion from the British Privy Council, it would not have precluded litigation before the High Court and an advisory opinion from the Privy Council would not have prevailed against a judgment of the High Court. [More…]
My predecessor perceived immediately that the Tasmanian proposal involved the by-passing of the High Court and he indicated that the proposal had no support from his Government. [More…]
United Kingdom Ministers gave the same advice and, as the Queen announced when opening our Parliament on 28 February last year, she decided not to refer the questions to the Privy Council: the appropriate tribunal to determine those questions was the High Court of Australia. [More…]
The Australian Government has challenged the validity of the proposed reference in the High Court. [More…]
The High Court must not be by-passed. [More…]
I have since had discussions with the United Kingdom Prime Minister and have decided that the best course to resolve these issues is to reintroduce the Bill, which I have now done, and to give every opportunity for questions as to its validity to be raised in the High Court of Australia, in accordance with proper constitutional processes. [More…]
Mr Deputy Speaker, I have spent some time in describing the events of the past three years because I believe it is important that all honourable members should be aware of the devices that have been resorted to by some States to avoid the High Court-in 1972, 1973, 1974-and of the distortions of the Australian Government’s proposals. [More…]
My concern is that this Parliament should do everything in its power to complete the process of making the High Court of Australia Aus talian final court of appeal from all Australian courts. [More…]
This is a matter which has both smaller consequences relating to the individual concerned, Mr Murphy, and larger consequences in relation to the High Court. [More…]
1 do not think that the Prime Minister (Mr Whitlam) would have offered this post to Senator Murphy, knowing that he had to resign from the Senate, unless he had expected great advantages politically from Senator Murphy on the High Court. [More…]
The Leader of the Country Party interjected about the High Court. [More…]
Earlier, Attorney-General Isaacs recommended himself, or the Government of which he was a member recommended him, as a Justice of the High Court and at the same time recommended that former Attorney-General Higgins should be a Justice of the High Court. [More…]
He therefore goes to the High Court richly qualified and if I may add . [More…]
But when the Prime Minister gets up to chicanery in trying to stack the High Court when there are a number of State issues before it, it is only natural . [More…]
For 71 years the conservative forces of this country have successfully controlled the composition of the High Court of Australia. [More…]
They saw the High Court - [More…]
This reference by the honourable member is clearly directed to the effect that the High Court has given corrupt judgments because of its political leanings. [More…]
-The standing order is quite specific that no adverse criticism may be levelled at any judge of the High Court. [More…]
Let me inform the House of the history of High Court appointments. [More…]
It should be very clear that the only politicians suited to be justices of the High Court, according to the Liberal and Country Parties, are those with former membership of the Liberal-Country Party coalition or its predecessors. [More…]
So we listen to the non-stop hogwash about Labor stacking the High Court. [More…]
There has never been a liberal-leaning High Court. [More…]
It is long overdue for a few different points of view to be represented on the High Court. [More…]
The action of the New South Wales Premier and his Cabinet in deciding to appoint to the Senate a person belonging either to the Liberal Party or the Country Party as a result of the vacancy caused by the appointment of the Honourable Lionel Murphy to the High Court is something that flouts the convention which has grown up and has been applied almost universally since Federation and certainly has been applied universally since the adoption of proportional representation. [More…]
Of course, the argument used by the Premier of New South Wales, Mr Lewis, on this occasion to justify his flagrant breach of convention and rule is: ‘The Government acted improperly in appointing the Honourable Lionel Murphy to the High Court’. [More…]
As the honourable member for Robertson pointed out, former governments have appointed to the High Court members of this Parliament and other people who were known for their conservative views. [More…]
Ex-Senator Murphy- he is not a High Court judge yet- is known as the man who headed the raids on the [More…]
He has been placed in that position either to facilitate the speedy passage through the High Court of the challenges by the States to the Labor Government’s legislation or, alternatively, to get rid of him from the Senate. [More…]
Senator Murphy, now Mr Murphy, is eminently suitable for a position on the High Court. [More…]
I do not believe, as some of my colleagues apparently believe, that by appointing people to the High Court with certain political leanings they are going to act much differently. [More…]
If one looks at the High Court and the way it has ruled, it is an exceptionally, legalistic body. [More…]
I think we also should quote what other people have said about High Court judges. [More…]
For example, one of the Parliament’s greatest traditionalists, Sir Robert Menzies, then Mr Menzies, whose Cabinets have seated more High Court judges than any other, reminded Parliament in 1946: [More…]
Murphy would not have been acceptable as a High Court justice. [More…]
I believe that he resigned because he hopes to have in the High Court a refuge from investigation into his prior misdeeds. [More…]
On the point of order, whilst technically the Honourable Lionel Murphy is not yet a High Court justice, I think the proprieties which are normally observed in this House should be followed in this case. [More…]
I believe that the abruptness of his departure to the High Court is, as I have said, party in order to beat the rap. [More…]
He is going to the High Court very quickly- surreptitiously almost- - because he does not want certain things to be exposed and brought to the light of day. [More…]
Mr Justice McTiernan, who was a member of Parliament, was appointed to the High Court under what must be considered to be controversial conditions. [More…]
If diversity existed in the State courts it could be cleared up by appeal to the High Court and the Attorney-General of the Commonwealth could take power to ensure that this could be done at his instance by removing diversity appeals into the High Court. [More…]
Might I suggest that it is Senator Baume who is in contempt of court by attempting to prejudge a case before the New South Wales Supreme Court at the present time and likely to go before the High Court of Australia, no matter how confident he may be that the people who have been appointed to the High Court by previous governments will rule in his favour. [More…]
We express both ritual horror and shock at its decision to appoint a former senator to the bench of the High Court. [More…]
Government is of the opinion that this power should be exercised so as to make the High Court the final arbiter in all matters of Federal jurisdiction, that is to say, constitutional questions, matters arising under Commonwealth laws and the various other matters which the Constitution has, in sections 75 and 76, specifically recognised as being appropriate matters to be brought in the High Court. [More…]
Indeed, I remind the House of the views offered by 2 late Justices of the High Court of Australia. [More…]
We would at the same time be lacking not merely in a sense of realism but also in a sense of understanding not to acknowledge freely that the High Court of Australia has shown itself to be one of the great courts of this world. [More…]
Because of the wider recognised status and capacity of our courts it is not surprising too that the Privy Council itself has increasingly acknowledged in recent years that there may well be good reasons for not altering the decisions of Australian courts and particularly the decisions of the High Court of Australia even if the approaches of the British judges might be different. [More…]
But as the Privy Council showed in the decade or so before appeals in all Commonwealth constitutional cases were stopped, it often preferred to follow judgments of the High Court. [More…]
Although not openly recognising factors like these, even in the area of private law, as with Australian constitutional law before the abolition of Federal appeals, the Privy Council has begun to show signs of deferring to decisions of the High Court. [More…]
Distinct and separate development of Australian law is underlined further by the remarks made by the Privy Council in a case of appeal from the High Court of Australia last last year. [More…]
In that case, namely, Geelong Harbour Trust Commissioners v. Gibbs, Bright and Co.- reported in the Australian Law Journal Reports 1974- the Privy Council refused to disturb the correctness of decisions of the High Court dealing with the statutory liability of ship owners for damage done to harbour property, despite differing possible views that could have been taken in the light of conflicting English decision. [More…]
Apart from those factors which are special to the particular field of law in the instant case, there is however a wider consideration which would make their Lordships reluctant to interfere with the decision of the High Court on matter of this kind. [More…]
If the legal process is to retain the confidence of the nation, the extent to which the High Court exercises its undoubted power not to adhere to a previous decision to its own must be consonant with the consensus of opinion of the public, of the elected legislature and of the judiciary as to the proper balance between the respective roles of the legislature and of the judiciary as law makers. [More…]
The High Court of Australia can best assess the national attitude on matters such as these. [More…]
If the States do not follow the Commonwealth’s lead then conflicts could arise between Privy Council and High Court rulings on legal questions which relate to both State and Federal law. [More…]
Thus, a High Court decision, for example, dealing with a criminal offence created under federal law could differ from a Privy Council ruling dealing with a similar offence created under State law. [More…]
The position is even more clearly illustrated when it is remembered that the High Court can itself have occasion to deal with purely State type cases, applying only State law, in the exercise of what is generally known as diversity jurisdiction of that court, that is, cases involving disputes between residents of different States. [More…]
Conflicts could then arise between the Privy Council and the High Court on legal questions which relate to the same State laws. [More…]
How can the High Court be a final court of appeal while appeals from State courts to the Privy Council remain? [More…]
It is not as though the Australian High Court has not been capable of handling all cases emanating from Australia. [More…]
I draw the attention of honourable members to the fact that section 73 of our Constitution provides: no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council. [More…]
It is hardly to be expected that States, at this stage, would be prepared to give this Government that final sanctuary through the High Court; that is, that the High Court would be the ultimate determinant of the laws of this country. [More…]
But with regard to the second point, it is certainly true that it is necessary at a time when there is a suspicion by the States as to the intentions of this Government in the application and creation of laws as well as in the constitution of the High Court, that they should not be prepared to accept that the High Court should be the ultimate determinant of any of the laws that they might pass and that they should forgo the right of ultimate appeal to the Privy Council. [More…]
Having said that, let me say that I completely support the philosophic objective that the High Court should be the ultimate court of appeal from all decisions made within the Australian legal system. [More…]
I said that, as far as the preservation of the federal system is concerned, I can understand the States being worried that this Government would abuse the powers that might be given to the High Court, were this Bill to be passed. [More…]
I can understand and sympathise with them in their concern that the High Court might well be stacked. [More…]
Having said that, I am asserting my own point of view, which is that I believe it necessary that we progressively accept that there has been a change since this Constitution was adopted and that, today, there is justification in the High Court being the ultimate body to determine all matters pertaining to the legal system within this country and the interpretation of laws which might be passed by any government within Australia. [More…]
In other words, having said that we believe the time has come when there should be an ultimate acceptance of the High Court by all the governments and parliaments of this country, we do not believe it appropriate for this Government to act, as it has acted in so many other areas, in complete disregard of the rights and privileges of the States. [More…]
If this Government wished to introduce the High Court as being the ultimate court of appeal it was open for it to achieve that end through consultation and co-operation within that Constitutional Convention. [More…]
The first BDI seeks to make the High Court of Australia the final place of appeal from courts other than the High Court In other words, within the hierarchy of courts in Australia- whether they be State or Federal courts-the Bill seeks to say that it is time Australia grew up or, rather, it having grown up, it is time we put the seal of approval of formality on its having grown up. [More…]
Appeals which normally would go to a State supreme court and then perhaps to the Privy Council will now go to our own High Court which is universally recognised as one of the finest High Courts in the common law world. [More…]
The proposal contained in the second Bill, which appears to be supported by the Liberal and Country Party spokesmen, is that appeals that go to our High Court from the State Supreme courts should not go beyond the High Court; they should stop there. [More…]
The point of view is put that litigants who go through the State system of courts to our own High Court cannot then go to the Privy Council. [More…]
That having been said, the argument is then put that those litigants who go to the State supreme courts should then be able to bypass our own High Court and go straight to the Privy Council. [More…]
But everything the honourable member for Moreton said applauding the High Court everything he said applauding the genius of the common law, everything he said applauding the innate genius of the parliamentary system is equally applicable to the Privy Council Appeals [More…]
We heard a few passing words that the Opposition applauded the idea that the High Court should be the final court of appeal for Australian litigants. [More…]
The honourable member says- and no one can really argue otherwise if he is honestthat the High Court today must be the final court of appeal. [More…]
We know that the States will challenge it Then it will go to our High Court for determination. [More…]
Is not that what the High Court is for. [More…]
The British common law that we inherited did not grow up by means of a system whereby a superior c court, a court of final appeal, existed in, say, Eskimo land or somewhere like that by which British litigants could bypass their own High Court of appeal and go to Eskimo land. [More…]
If the High Court is the High Court as we know it to be, and it is universally applauded as possessing some of the finest legal minds in the common law world - [More…]
The terrible weakness of the Opposition’s argument is its advocacy of the practice that all litigants who have a cause in an Australian State court may then, if they think it best, or if the counsel wants a free trip to London paid for by the client- we know that plays a part in the thing too- bypass the High Court and go over to this other court in England which is increasingly interested not in what is happening in Australia but rather in what is happening in Europe. [More…]
One will never get a flowering of the common law in Australia if we syphon off perhaps one-half or perhaps two-thirds- I do not know what the figures suggest- of the cases that go to appellate courts here from our own High Court to a court overseas that is increasingly not interested. [More…]
The High Court of Australia knows all about that. [More…]
No one says: ‘Look, the High Court should not do this sort of tiling’. [More…]
He spoke about the nostalgia, the great common law, the future, the proper role of the High Court but then he allowed himself to put up arguments once again, as so often has happened in this House over the last two or so years, why something should not be done, why this is not the time or why this is not the way. [More…]
If the Opposition succeeds in defeating the legislation it will defeat the very thing which the honourable member for Moreton talks about with such praise and that is the flowering and the further advancement of the common law and the parliamentary system because they will be fragmented and they will be denied the opportunity to be determined here in Australia by our own High Court which is universally acclaimed as perhaps the finest common law court in the world. [More…]
-During the debate on the Privy Council Appeals Abolition Bill, which has just concluded, a considerable amount of time was devoted to a historical consideration of the circumstances which brought the Government to the decision it made to introduce that Bill and also the Privy Council (Appeals from the High Court) Bill that we are now debating. [More…]
Notwithstanding the force of the arguments the Attorney-General (Mr Enderby) used when he closed the debate on the last Billthat there were very strong legal reasons as to why all appeals to the Privy Council, either from the High Court or from other courts within Australia should be abolished- the plain fact of the matter is that the considerations which have brought the Government to the decision it made in respect to both Bills and which, in respect of this Bill we are presently debating, produce total support from the Opposition, are considerations of a political nature. [More…]
It is for that reason that we give our support to the proposal of the government to complete the final step in the process that was initiated in 1968 by the then Liberal-Country Party Government to end appeals to the Privy Council from the High Court of Australia. [More…]
We have heard speakers from both sides of the House argue with tremendous force just how good is the High Court of Australia and just what a contribution to the common law world the High Court of Australia has made. [More…]
For that reason the Opposition supports the abolition of appeals from the High Court of Australia to the Privy Council by the method chosen by the Government. [More…]
I say that, because in his speech the Attorney-General (Mr Enderby) sought to roll up into one speech the justification of the Government for limiting matters in which leave to appeal to the Privy Council may be sought, that is, by abolishing altogether appeals to the Privy Council either from the High Court of Australia or from State Supreme Courts. [More…]
He used the same argument in respect of the abolition of appeals from both those jurisdictions, speaking, as the honourable member for Bennolong (Mr Howard) has mentioned, about the flowering of the Common Law, how its growth may be stunted in Australia if these appeals to the Privy Council are maintained, speaking in high terms of the eminence of the High Court of Justice in the Common Law jurisdictions of the world. [More…]
The High Court truly has a proud tradition in the Common Law world and it is a tradition which has been in no way detracted from by the fact that appeals may be taken to the Privy Council. [More…]
Yet we have the Constitution of Australia, which again he is so fond of using as authority for his stand on the constitutional proposition that he so often propounds before this Parliament, giving to this Parliament supremacy in respect of appeals to the Privy Council from the High Court; but it deliberately does not give that same supremacy in respect of appeals to the Privy Council from the State Supreme Courts. [More…]
The importance of the distinction is this: Whilst the Government can simply and quickly turn to the authority of section 74 of the Constitution and the supremacy of Parliament in respect of appeals from the High Court to the Privy Council, it must seek some other legal authority in order to give effect to its view that there should not be such a thing as an appeal from a State Supreme Court directly to the Privy Council. [More…]
That is why we in the Opposition who believe that in the end the High Court of Australia should be at the pinnacle of the judicial systems of Australia will support the Bill now before the House. [More…]
We see that each purpose must be achieved by moving along a different path, and if the Government would move along the correct path in respect of the Bill to abolish appeals from the State courts to the Privy Council then the Bill would have a much better chance of acceptance by this Opposition, in the same way as the Government is receiving acceptance for its proposal to limit appeals from the High Court to the [More…]
-In this adjournment debate I should like to raise the matter of the propriety of the appointment of the Honourable Mr Justice Murphy, as he now is, to the High Court of Australia, and also the matter of the propriety of the decision by the Government of New South Wales in respect of the appointment of a person to fill the casual vacancy created by the elevation of His Honour Mr Justice Murphy. [More…]
Let us take first the appointment of His Honour Mr Justice Murphy to the High Court. [More…]
Appointments of justices to the High Court are by the GovernorGeneral of Australia in Council. [More…]
I cast no opinion as to the propriety of the appointment of His Honour to the High Court. [More…]
So, whatever the private or political opinions of members of the Opposition or the people of Australia as to the elevation of His Honour Mr Justice Murphy to the High Court, whatever might be the private or political opinions as to what the Government of New South Wales proposes to do, no criticism can be made of either of those acts in terms of the Constitution of Australia. [More…]
If ever there were a reason for our State governments to have absolutely no trust in the Labor Government’s appointment to the High Court, that is conveyed in the message which the Prime Minister made loud and clear in that year. [More…]
Mr Bland believes that the High Court provides some safeguards for our liberties; I doubt it. [More…]
In the limited time left I say that Mr Tom Lewis has every reason to be frightened at the appointment to the High Court of ex-Senator Murphy, now Mr Justice Murphy. [More…]
But it is pertinent to observe, in the light of that remark, that the Seas and Submerged Lands Act, by which the Government seeks to assert and establish its sovereignty over the off-shore areas of this nation, is presently the subject of litigation before the High Court of Australia. [More…]
Of course, the situation is that, if the High Court holds that this Parliament did not have the power to pass that legislation, then this Parliament has no authority in terms of sovereign rights, to quote the Minister’s phrase, over the off-shore area in relation to mining activities. [More…]
So it is quite a presumption on the part of the Government, when the Seas and Submerged Lands Act is to be dealt with by the High Court within the next 2 months, [More…]
It really can only expect that the Opposition will oppose it, if for no other reason than that it would be a presumption on the part of the Parliament to pass this legislation when such action might be negated by the decision of the High Court. [More…]
I would fully expect that the Senate would take the same attitude- it has every right to take that attitude- and say to the Government: ‘If you have waited 7 months since these Bills were last before the Parliament and rejected, why can you not wait another two or three months until the decision of the High Court is brought down? ‘ [More…]
In explanation of the drastic drop-off in exploration offshore, the Minister says these days that nothing can be done to accelerate exploration until the High Court brings down its decision on the Seas and Submerged Lands Act. [More…]
So whatever might be the design or desire of the present Government to exercise what it sees to be the sovereign rights of this Parliament over off-shore areas, there are very good practical reasons why it should approach the exercise of those sovereign rights, if it is shown by the High Court to have them, in a co-operative way rather than in a destructive way. [More…]
We continue to think that this legislation is illconsidered and badly timed, more particularly because presently before the High Court is a case involving the Seas and Submerged Lands Act. [More…]
Until the High Court makes its determination I think the Minister ought to withdraw this Bill. [More…]
If the High Court upholds the powers of the national Parliament in this field he can reintroduce the Bill in a way which is likely to receive acceptance by not only this Parliament but also by the parliaments of all the States of Australia. [More…]
Here today we have an example of an attempt being made to force the passage of legislation concerning a matter which is before the High Court. [More…]
The first speaker-the honourable member for Stirling (Mr Viner)pleaded that further consideration of the Bill should be postponed until after the High Court has given its decision on the seas and submerged lands legislation. [More…]
It surely comes very ill from them that they should ask that the matter be further delayed until the High Court has ruled on the legislation which the Parliament has passed. [More…]
The whole idea of the original legislation, the Territorial Sea and Continental Shelf Bill 1970, was to make it possible to test this matter in the High Court. [More…]
If it had been passed promptly, then the challenge in the High Court would not have been decided in 1975; it would have been decided in 1 970 or 1 97 1 . [More…]
There is a challenge in the High Court. [More…]
Now that it is introduced for a fourth time, we still have honourable members opposite making the plea: Wait until the earlier legislation is determined in the High Court’. [More…]
If we wait until then and the High Court upholds the legislation, we then have to reintroduce this Bill a fifth time. [More…]
If, however, the High Court finds that this legislation is invalid and unconstitutional, why not pass it and let the High Court pass judgment upon it at the same time as the other legislation? [More…]
If we act promptly, this Bill can go through before the Bill at present under challenge comes up for argument and decision before the High Court. [More…]
They have not objected to the legislation which was introduced in April 1970 and which is now being challenged before the High Court. [More…]
When the High Court gives a decision on that legislation, the mining companies will know where they stand. [More…]
The State governments, all of them, have challenged that position before the High Court of Australia. [More…]
Some of them tried to by-pass the High Court of Australia. [More…]
So, the matter has to be challenged before the High Court. [More…]
If it is passed promptly that argument can take place and that decision can be given in the same proceedings as now at last are pending before the High Court. [More…]
The Australian Industrial Court and the High Court of Australia would not have regard to what the Minister says but would have regard to what the Act says and the Bill currently before us does not say what the Minister said by way of an interjection in answer to the honourable member for Wannon. [More…]
Following a telegram from Mr Norm Gallagher to Mr Jorgensen of the Master Builders Association, six of the major building companies in Australia were frightened out of the High Court because of threatened and actual guerrilla tactics and bans being placed upon those companies. [More…]
As a result of that activity the Attorney-General of the day was given adequate opportunity to refer that apparent blatant contempt of court to the High Court so that the High Court could take official cognisance of it and act upon it. [More…]
The Attorney-General of the day, who it might be worth noting is now the Chief Justice- not the Chief Justice, but a justice of the High Court; I hope that the other step never eventuates- just washed his hands of the matter. [More…]
It is such a passion, in fact, that he launched into an attack on a most venerable jurist who now sits on the Full Bench of the High Court of Australia. [More…]
I can tell the honourable gentleman, in passing, that that judge of the High Court probably has more chance of becoming the Chief Justice of the High Court of Australia than the honourable member has of becoming Prime Minister of Australia, although the honourable member is working at that. [More…]
-Last night during debate on the motion that the House adjourn I spoke of the constitutional propriety of the appointment by the Governor-General of Australia on the advice of the Government of the Commonwealth of Australia of His Honour Mr Justice Murphy to the High Court. [More…]
What I want to speak specifically about tonight is the appointment of His Honour to the High Court. [More…]
There can be no doubt of the constitutional propriety of the actions of the Prime Minister (Mr Whitlam), through his Government, and of the advice which his Government gave to the Governor-General to have the then Attorney-General appointed to the High Court. [More…]
However, when I listened to the Prime Minister’s address to the nation on Sunday, 16 February 1975, I was concerned to hear the context in which he referred to the appointment in the past by the Australian Government of 5 other Australian Attorneys-General to the position of judge, four of them to the High Court of Australia and one, Chief Judge Spicer, to the Industrial Court. [More…]
I think it is important to point out to the House that there is a clear distinction between the position of judges of the High Court of Australia who have formerly been the Attorney-General of the Australian Government and appointment to the high judicial offices within the English judicial system. [More…]
That is an important distinction because the Constitution of Australia gives to the High Court the authority to declare legislation constitutionally invalid by reason of the fact that the legislation does not fall within any of the expressed powers given by. [More…]
That immediately throws into stark difference the position of Attorneys-General of the Australian Government appointed to the High Court of Australia because those judges are then in a position required by their oath to make a judgment on the validity of laws passed by this Parliament and introduced by the Government of which they were a Minister. [More…]
How much more necessary is it then for members of the High Court who have previously been members of a government which has been instrumental in the passing of a law to be so very careful in the stand that they take in the High Court when they are called upon to judge the constitutional validity of that law. [More…]
I notice that in an article in today’s edition of the Sydney ‘Sun’ Sir Mellis Napier, former Lieutenant-Governor of South Australia and former Chief Justice of the South Australian Supreme Court, is quoted as saying that the appointment of a judge to the High Court ought not to be treated as a matter of political expediency but as a question in which the whole of Australia had a keen and vital interest. [More…]
There can be no doubt that the Prime Minister in advising the Governor-General pursuant to the Constitution to appoint the then Senator Murphy to the High Court took every political advantage at his command and given to him by the Constitution of Australia to appoint his own AttorneyGeneral to the High Court at a time when the Prime Minister knew that a number of pieces of legislation introduced by his Government and passed by this Parliament, either in the ordinary way of passing legislation or after a joint sitting of the 2 Houses, are subject to litigation in the High Court on the grounds that they are constitutionally invalid as not falling within the powers of the Commonwealth under the Constitution. [More…]
Sir John Spicer is in a totally different position from judges of the High Court because he does not have to pass judgment on the constitutional validity of legislation that comes before him. [More…]
If anyone wants to challenge the constitutional validity of any part of the Conciliation and Arbitration Act they have to take out a writ of prohibition and remove the matter into the High Court of Australia where the constitutional validity will be determined. [More…]
Let him not speak in terms of violence to democracy when he does not present in proper context his own arguments in justification of his own action because, as I have said, in appointing the then Senator Murphy to the High Court the Prime Minister undoubtedly took every political advantage at his command, acting as he did with strict constitutional propriety. [More…]
The next accusation was made against the former Senator Murphy, who is at the moment, of course- it may have escaped your notice, Mr Speaker- a High Court judge. [More…]
Normally matters of this kind are not permitted to be said in this Parliament against a justice of the High Court. [More…]
Senator Murphy was moved to the High Court. [More…]
I wish that the honourable member for Kooyong had some concept of the responsible attitude of his distinguished predecessor who, if I might add in passing, was later elevated by his government to an important position on the High Court of Australia. [More…]
This Clause would make decisions of the Commission closed to judicial appeal except according to the original jurisdiction of the High Court which is inviolate, in the absence of a referendum, because of section 75 of the Constitution. [More…]
Except as provided by this Act and subject to the jurisdiction of the High Court under paragraph 75 ( v) of the Constitution, a decision of the Commission shall not be challenged, appealed against, reviewed, quashed, or called in question, or be subject to prohibition, mandamus, certiorari or injunction, in any court on any account whatever. [More…]
Rightly the judicial power of the Commonwealth must be exercised under section 7 1 of the Commonwealth Constitution by the High Court of Australia and not by an administrative tribunal. [More…]
I was involved in a case in the Australian Capital Territory not so long ago that went to the High Court on that very issue, involving some of the very great corporations in Australia. [More…]
It should be clearly understood that although the High Court has some degree of control over the tribunals it is not such as to enable it to correct many of the faults or injustices which may arise, unless the Statute gives an appeal. [More…]
The High Court proceeds’ on the footing that if Parliament had thought fit to entrust jurisdiction on all these new matters to new tribunals without any appeal from them, then, so long as the tribunals do not exceed or abuse their jurisdiction, the High Court should not interfere with them. [More…]
If a tribunal should come to a wrong conclusion on the facts or, indeed, if there is no evidence on which it could come to its conclusion, the High Court cannot interfere; nor, if the tribunal comes to a wrong conclusion in point of law can the High Court interfere. [More…]
For all practical purposes the High Court in Australia, in relation to this Bill, is placed in a comparable position. [More…]
Except as provided by this Act and subject to the jurisdiction of the High Court under paragraph 75 (v) of the Constitution, a decision of the Commission shall not be challenged, appealed against, reviewed, quashed, or called in quesuon, or be subject to prohibition, mandamus, ceniorari or injunction, in any court on any account whatever. [More…]
Except as provided by the Administrative Appeals Tribunal Act 1 975 and subject to the jurisdiction of the High Court under paragraph 75 (v) of the Constitution, a decision of the Commission in respect of which an application may be made to the Administrative Appeals Tribunal for review shall not be challenged, appealed against, reviewed, quashed, or called in question, or be subject to prohibition, mandamus, certiorari or injunction, in any court on any account whatever. [More…]
As was observed, from the place where the present Attorney-General (Mr Enderby) sits at the table, by one of his most distinguished predecessors, the now Chief Justice of the High Court of Australia, Sir Garfield Barwick, a very great Australian and a very great judge, when he introduced the Matrimonial Causes Bill, now the Act 1959-1 can recall him standing at that dispatch box and saying: ‘It is not of the nature of human nature to have the saintliness of Hosea’. [More…]
On 17 November 1960 his words as recorded in Hansard, referring to the then Attorney-General, now Chief Justice of the High Court, Mr Barwick, as he then was, were a truculent runt’. [More…]
Who was it who made a most blatantly political appointment to the High Court for his own political purposes? [More…]
What about sending a crook like Murphy to the High Court? [More…]
He was the instigator of Senator Murphy’s appointment to the High Court- an appointment, some believe, designed to pervert the course of judicial interpretation to the advantage of his Government. [More…]
This is the fault of the challenges which the Liberal States are making in the High Court to the RED scheme and to the Australian Assistance Plan. [More…]
There are a very great number of programs including those for aged and homeless and handicapped persons, isolated children, health centres, legal aid offices, meals on wheels and so on which will be brought down if the Liberal State governments’ challenges in the High Court succeed. [More…]
The Administrator’s message on this occasion deals with such a minor error that has been discovered in the Privy Council (Appeals from the High Court) Bill 1975. [More…]
It is helpful to go back over the salaries of justices of the High Court since 1969. [More…]
On 14 June 1969 the salary of the Chief Justice of the High Court was altered from $24,000 a year to $30,000 a year and the salary of justices of the High Court from $2 1 ,000 to $27,000 a year. [More…]
Those who are appointed to the High Court from the Bar should be persons who are leaders of the Bar. [More…]
Not all members of the Bar, of course, earn that amount, but the fact is that those who would be attracted to the High Court, who are in full flight, would be receiving an income in the 6-figure bracket. [More…]
The first one is this: At 14 June 1969 the salary of a High Court justice was $21,000 a year. [More…]
In other words, the salary of a High Court justice was less than that of a departmental head. [More…]
Yesterday the Deputy Leader of the Country Party raised a point of order with respect to an answer given by the Prime Minister (Mr Whitlam) which referred to a matter which is to come before the High Court. [More…]
In my opinion the reference made yesterday by the Prime Minister could not be interpreted to be a real or substantial danger of prejudice to any proceedings before the High Court. ‘ [More…]
It should be quite sufficient for the State family courts to have full jurisdiction and for appeals to be directed to the High Court when necessary. [More…]
It is also expected that it will take over some of the review functions now vested in State Supreme Courts, the Australian Industrial Court and the High Court of Australia. [More…]
The Government takes the attitude that there would now be no good purpose in having a meeting of the Constitutional Convention until the High Court hands down its judgments in State challenges to legislation passed by this Parliament. [More…]
A lot of ofF-shore explorers are treading water until the result of the High Court case becomes known. [More…]
A prescribed authority has, in the exercise of his powers under this Act, the same protection and immunity as a Justice of the High Court. [More…]
A person who has been served with a notice under thus section to appear before a prescribed authority has the same protection, and is, in addition to the penalties provided by this section, subject to the same liabilities, as a witness in proceedings in the High Court. [More…]
After sub-clause (4), insert the following sub-clause: ‘(4a) Where a person appears before a prescribed authority in accordance with a notice served under this section, the person and the Commissioner are each entitled to be represented by a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory. [More…]
It seems likely that in one way or the other it will find its way into the High Court. [More…]
In what is now known as the wheat case- New South Wales v. the Commonwealth ( 1915)-New South Wales appealed to the High Court from a decision of the Inter-State Commission. [More…]
The High Court, by a majority, held that section 101. of the Constitution did not authorise the establishment of the Inter-State Commission as a court and therefore the provisions of Part V conferring judicial powers upon the Inter-State Commission were invalid. [More…]
The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgements, decrees, orders, and sentences- (in) Of the Inter-State Commission, but as to questions of law only: and the judgement of the High Court in all such cases shall be final and conclusive. [More…]
The High Court will have jurisdiction on appeals on matters of law as the Commission’s decisions are final on matters of fact. [More…]
Under clause 16 prosecutions can be instituted in the High Court for contravention of or failure to comply with an order of the Commission. [More…]
Also, the Attorney-General may apply to the High Court for an injunction to restrain a person or body from contravening the Act, including orders made by the Commission under the Act. [More…]
In the event that a State government were to fail to comply with an order, an injunction from the High Court could be sought if necessary under this clause. [More…]
In the light of the decision in the concrete pipes case- it is one of the most significant decisions which the High Court has ever given and a case in reference to which I take the opportunity once again to praise the advocacy of AttorneyGeneral Hughes- it became clear that the Australian Parliament did have the responsibility of passing corporations laws. [More…]
There is legislation at present before the Parliament to exercise those corporations powers which the High Court has said repose in this Australian Parliament. [More…]
Further it is possible that following some future High Court decision another source of power will be available or, strictly, will be held to have been available. [More…]
All I would like to say on this subject is that, the evidence having been given to a parliamentary committee and there having been a prominent article by the witness in one of Australia’s most respected newspapers- it may err from time to time; nevertheless it errs fewer times than do most of our metropolitan dailies- it would seem reasonable to have the High Court of Australia exercise the authority which the Parliament long since gave it to determine the qualifications of members. [More…]
Parliament has made provision for such matters to be determined by the High Court. [More…]
It would seem to be a seemly way to have the High Court determine it. [More…]
-The honourable member is probably referring to newspaper reports about the decision by the Law Institute of Victoria, announced I think this morning, to mount a challenge in the High Court to the Australian Legal Aid Office scheme to provide legal aid. [More…]
I ask the Prime Minister: Does he agree that if charges are made against any member of Parliament who receives remuneration for pensioner medical services, repatriation services or pharmaceutical services, these people should have their cases tested before the High Court? [More…]
This is a matter which should be tested in the High Court. [More…]
They tore down the little building that did existthe Australian Industries Preservation Act- and replaced it with a shanty made of cardboard which promptly blew away when it was exposed to the first challenge in the High Court. [More…]
Now we are engaged in building a High Court building and the National Gallery. [More…]
Following this review, sites for the High Court of Australia and the National Gallery were recommended in the north-eastern sector of the parliamentary triangle. [More…]
I am unaware of any reason why the question of any parliamentarian ‘s eligibility to remain a member of the Parliament or to be chosen as a member of the Parliament should not be determined by the High Court. [More…]
There is a ready made list of expendable programs- the programs imperilled by the High Court challenge by the Liberal Premiers on the constitutional validity of the Australian Assistance Plan and the Regional Employment Development Scheme. [More…]
But the State Liberal governments have challenged these matters in the High Court. [More…]
They do not oppose them federally, but they get the State governments to challenge them in the High Court. [More…]
The Opposition is confident that the High Court of Australia will uphold the provisions of the Constitution relating to trade and commerce, especially the freedom of trade guaranteed by section 92. [More…]
However, there is a danger that the High Court will be so snowed under with litigation that many of the actions of the Commission will go unchecked. [More…]
Although the Opposition believes that the proper forum for determining questions of the validity of Commonwealth legislation is the High Court or the [More…]
It endeavours to sneak in by the back door provisions that were tested previously before the High Court of Australia and negated by that court during the life of the Interstate Commmission from 1912 to 1920. [More…]
If the fears which he expressed are well founded, why does he not take the matter to the High Court after the legislation is passed? [More…]
The clear majority of the members of the High Court were appointed by his own Government, his predecessors. [More…]
Or is he afraid, and is the Country Party afraid, of the impartiality of the High Court in these matters? [More…]
They say the High Court of Australia can determine that. [More…]
I argue that it is the responsibility of the Government to give some consideration to whether something is within power and that it is a gross breach by the executive arm of government for the attitude to be taken that if there is any problem it can be resolved by the High Court. [More…]
Its President is to have the same rank, status and precedence as a justice of the High Court of Australia. [More…]
It is a matter for speculation whether the Government hopes to appoint somebody who at the end of 7 years would be an embarrassment to a later government which would then have to appoint him to the High Court to get rid of him. [More…]
Over the years the meaning of the phrase ‘laws relating to trade and commerce’ under the Constitution has been extended by the High Court. [More…]
The Minister for Transport (Mr Charles Jones) in his second reading speech stated that its demise lies in the history of the wheat case and the decision of the High Court which later ruled that the Interstate Commission could not possess judicial powers. [More…]
Its decisions would be appealable in matters of law to the High Court. [More…]
He said that remedies he in appeals to the High Court and in legislative change. [More…]
In any case, as it has acknowledged, there is an appeal to the High Court on matters of law. [More…]
That is what the High Court is there for- to interpret the Constitution. [More…]
But the High Court cannot interpret in a vacuum. [More…]
In fact, if the same logic were used in regard to an appointment to the next vacancy on a Supreme Court or the High Court of Australia one might look to the profession of accountant. [More…]
This is that the provisions made by the Bill before the House will not affect the reference of any question affecting disqualification to the High Court by the House in relation to which a question arises in pursuance of section 203 of the Commonwealth Electoral Act. [More…]
There is already another procedure for this and in normal circumstances it would seem to the Government that the House itself would refer the question to the High Court and have the matter properly judicially determined. [More…]
One significant change that the Bill will make is that common informer proceedings, if brought, are to be brought in the High Court. [More…]
The Houses’ power to refer questions of disqualification to the High Court will remain unaffected. [More…]
There is a motion before the Senate to have this matter referred to the High Court and coupled with that motion is the possibility of a judicial inquiry into possible technical breaches or unwitting breaches of the Constitution by members of Parliament. [More…]
Indeed, the joint statement by the Leader of the Opposition (Mr Malcolm Fraser) and myself last week made it quite clear that we thought that Senator Webster’s case should be referred to the High Court as quickly as possible to clear his good name. [More…]
I hope that this matter will be taken into account when the High Court judges this matter. [More…]
What I believe should then happen in a case such as this is that the moment there is any suspicion and the House feels that that suspicion is probably justified, even though it is not convinced on the evidence, the matter ought to go to the High Court for decision and ought to be left there until the High Court has made its decision and appropriate action has been taken on it. [More…]
I do not believe that anything should be done that could compromise the position of the High Court or create any suspicion that the Parliament itself has doubts about the matter until the High Court itself- the highest court, the highest judiciary, in the land- has had an opportunity to express its views. [More…]
I would not have touched that matter until the High Court had made its decision. [More…]
To bring down a Bill such as this, which has the very odious title of the Common Informers (Parliamentary Disqualifications) Bill and which immediately creates doubts about a man who is likely to appear before the High Court so that it can determine whether he is disqualified from being a member of Parliament- I say this honestly and with very deep feelings- I believe is improper and is against the interest of the person involved, I would not have been agreeable to its being introduced. [More…]
If they believe that there is a prima facie case the matter can go to the Court of Disputed Returns, which is the High Court. [More…]
Consequently the matter did not go to the jurisdiction of the High Court. [More…]
I believe we would find in a case like this that the High Court- particularly the Chief Justicewould be anxious to have the matter heard. [More…]
I would not be surprised if, in the course of making a decision in this case, certain obiter dicta were made by the Chief Justice or by other members of the High Court which would give to present members of this House and to future members of this House some guidance as to what they should do. [More…]
In all these cases this question has to be decided by the High Court. [More…]
Nothing that we, or any administrative body, or a member of the judiciary might decide can affect the case going to the High Court if one or other of the Houses in its wisdom decides that the case should go to the High Court. [More…]
One can imagine a situation in which a case arises, either in this House or in the other place, with different parties- not only a 2-party system, but also a 3-party or a 4-party systemwhere a Government might take the view, trying to be non-political, that a charge has been made against a member and that the charge should be referred to the High Court pursuant to section 203 of the Commonwealth Electoral Act. [More…]
In a hypothetical situation one can also imagine a combination of parties in Opposition, to which the charged person belonged, arguing amongst themselves and perhaps saying to themselves, if they had a majority in that House of the Parliament, that the matter should not go to the High Court. [More…]
If the situation came about where 2 or more Opposition parties- this could not happen in this House- outnumbered the Government and defeated its proposition to send the matter to the High Court for independent inquiry and report pursuant to section 203 of the Electoral Act, then from the point of view of the public there would appear to be something not very different from a conspiracy. [More…]
But the same Minister, in the middle of last year when it was brought to his notice that the Builders Labourers Federation was frightening people out of the High Court, took no action. [More…]
Is judgment on the validity of this Act currently reserved before the High Court? [More…]
The amendment proposed by clause 9 will ensure an appeal lies to the High Court against sentence where an accused is committed for sentence to the Supreme Court and is sentenced by that Court. [More…]
A similar provision is contained in section 52 (2) of the Australian Capital Territory Supreme Court Act which was inserted following the decision of the High Court in Jackson v. The Queen (1964 Australian Law Journal Reports, page 37). [More…]
At the present time, the Committee would be aware that in respect of other legislation there is a challenge before the High Court of Australia as to the circumstances in which grants out of Consolidated Revenue pursuant to section 81 of the Constitution can be made direct to bodies within States and to State bodies. [More…]
We will welcome the challenge in the High Court. [More…]
-I ask the Minister for Social Security whether he is aware that a group of Hobart medical practitioners is planning to challenge Medibank in the High Court of Australia on the ground that there are differences in Medibank refunds among the States although tax scales are uniform. [More…]
I have noticed the newspaper reports that some Tasmanian doctors, unnamed, propose taking the case to the High Court of Australia because of the different money rates of refund between Tasmania and other States. [More…]
I am rather astonished at the way in which my 2 colleagues from the other side of the House, the honourable members for Wentworth (Mr Ellicott) and Moreton (Mr Killen) have assaulted the court system of Australia and, I suppose at least by implication, the High Court of Australia. [More…]
I cannot recall the honourable member in this Parliament having advocated a change in our Constitution to remove the problem which exists in the High Court of Australia whereby judges, according to our Constitution, do not have to retire because of age. [More…]
member has suggested in some instances it is virtually life after death, and we can equally; apply that argument in respect of judgments which come from our High Court. [More…]
In the past I have constantly advocated an age barrier in our Constitution to force High Court judges to retire at 70. [More…]
If judges of the High Court are allowed to continue to sit as judges that should apply also to judges of the Family Court. [More…]
I can comment on this a little because I was a member of the South Australian State Parliament at the time it conducted negotiations with certain judges, who then agreed to take their superannuation at a certain age, contrary to the Constitution and contrary to the High Court concept in this nation. [More…]
I would ask honourable gentlemen to take into account as well that there are any number of qualified people in the community who might not satisfy the test of having been a judge, or having been enrolled as a legal practitioner of the High Court of Australia or of a supreme court of a State or a Territory for not less than 5 years, who would be suitable through experience in welfare work, counselling work or social work. [More…]
What my distinguished predecessor, Mr Justice Murphy of the High Court, stated was that he believed the case Australia had put to the Court and the injunction granted by the Court in 1973 had influenced the French Government’s decision to discontinue atmospheric nuclear testing in the South Pacific. [More…]
It is now under challenge in the High Court of Australia. [More…]
I ask you this question, Mr Speaker: Are we allowed to talk about the litigation which is before the High Court and which makes it quite improper for a government to force through- to steamroll- this legislation when 3 States of Australia have appealed to the High Court to declare that this is invalid legislation? [More…]
The Leader of the National Country Party also advanced the argument that the very changes to the electoral legislation under which this redistribution has been carried out are under challenge at the present time in the High Court of Australia. [More…]
If the matter ever went to the High Court of Australia it most certainly would not have regard to the transcripts of television interviews of Senator Wheeldon or to the utterances recorded in Hansard. [More…]
If one looks at sub-clause 12 (2) one notices that if it were not for the amendment which the Minister proposes to clause 15 we would have a grave inequality between the Corporation and private companies because sections 39 and 73 of the Life Insurance Act require High Court approval for the acquisition of a life office by another life office. [More…]
In this case I am informed that the batting order will be possibly from the Supreme Court to the Full Court to the High Court, and in the case of the insurance companies, to the Privy Council. [More…]
Another reason why the redistribution should not have taken place at this time is that 3 States have a case before the High Court questioning the validity of the present Electoral Act. [More…]
The Act under which this redistribution is proceeding is at this moment under challenge in the High Court of Australia. [More…]
Three States- New South Wales, Western Australia and Queensland- have asked the High Court to declare the Commonwealth Electoral Act (No. [More…]
Except as provided by this Act and subject to the jurisdiction of the High Court under paragraph 75 (v) of the Constitution, a decision of the Tribunal shall not be challenged, appealed against, reviewed, quashed or called in question, or be subject to prohibition, mandamus, certiorari or injunction, in any court on any account whatever. [More…]
Also in February, this House and the Senate debated and passed a companion Bill, the Privy Council (Appeals From The High Court) Bill. [More…]
That Bill marked the final step in the process of excluding appeals to the British Privy Council from decisions of the High Court of [More…]
The Constitution itself provides by section 74 that no appeal shall be permitted to the Privy Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the constitutional powers of the Commonwealth and those of any State or States or as to the limits inter se of the constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by the Privy Council. [More…]
The High Court has not given such a certificate since 1912. [More…]
The point has thus been reached at which, by statute and in practice, the High Court’s decisions can no longer be called in question before any other judicial tribunal. [More…]
The process begun with the Privy Council (Limitations of Appeals) Act 1968 and consummated by the Privy Council (Appeals From The High Court) Act 1975 should be carried to the logical and proper conclusion that no appeal should lie to the British Privy Council from or in respect to any decision of any Australian court. [More…]
As matters stand, a decision of his on the law of New South Wales is still appealable direct to the Privy Council and the High Court may be bypassed. [More…]
It detracts from the position of the High Court of Australia. [More…]
The Privy Council (Appeals From The High Court) Bill received the full support of the Opposition Parties. [More…]
They said that they completely supported the philosophical objective that the High Court should be the ultimate court of appeal from all decisions made within the Australian legal system but they also said they regarded the Commonwealth as having no legislative power to abolish appeals to the Privy [More…]
This is doing no more than paying Up service to the principle that the High Court of Australia should be Australia’s final court of appeal. [More…]
On 1 1 February I explained to honourable members that full opportunity was available for the validity of this legislation to be challenged and decided in the High Court itself- in the court that, as we are all seemingly agreed, should in all respects be Australia’s final court of appeal. [More…]
Either the Opposition Parties are sincere in their protestations regarding the place of the High Court in our judicial system, or they are not sincere. [More…]
If they are sincere, they will stop playing politics; they will support the Bill and then let the High Court decide any legal questions that the Opposition or the States or anyone else may consider are raised by the Bill’s provisions. [More…]
Nothing could provide a more sincere recognition of the role that the Constitution always intended that the High Court should have. [More…]
A considerable range of Federal matters is now dealt with by the High Court and by the other Federal courts. [More…]
The High Court has made it clear that, in investing State courts with Federal jurisdiction, the Parliament must take those courts as it finds them. [More…]
He engineered that situation by the amendments he initiated to the Electoral Act that are now under challenge in the High Court of Australia. [More…]
The Prime Minister (Mr Whitlam) does not even blush at the impropriety of the Government in bringing electoral proposals before the House on the very day that the High Court began hearing a challenge by 3 States to the Bill on which the proposals are based. [More…]
The decision was handed down by the High Court, I think, last Wednesday. [More…]
He then took the case to the High Court, which unanimously held that the original inquiry by the Mining Warden had not been properly conducted. [More…]
A mandamus was issued and if I have a correct report of what the High Court judges said unanimously, it was held that the environmental interest is much wider and much more important than the Mining Warden considered appropriate for it. [More…]
Environmentalists can take considerable satisfaction from the decision of the High Court. [More…]
I should also inform the House, in conclusion, that legal assistance through the Australian Legal Aid Office was given to the objector and the environmental movement right from the beginning; in the hearing before the Mining Warden, in the hearing for the writ of mandamus in the Queensland Supreme Court and right up to the High Court. [More…]
A great deal has been made of the point that this idea was first conceived by Sir Garfield Barwick, now the Chief Justice of the High Court. [More…]
My own basic objective in proposing a new Federal Superior Court was to free the High Court of Australia as of this time but particularly for the future for the discharge of its fundamental duties as interpreter of the Constitution and as the national court of appeal untrammelled by some appellate and much original jurisdiction with which it need not be concerned. [More…]
The reason expounded by the Chief Justice for this court was that it would take away the workload of the original jurisdiction of the High Court. [More…]
That basic reason has long since disappeared because the original jurisdiction of the High Court has now been passed on to the Supreme Courts of the States to a very large degree. [More…]
Now justices like Mr Justice Bowen, for instance, in New South Wales are exercising what was originally the jurisdiction given to the High Court- the original jurisdiction. [More…]
The workload of the High Court in relation to original jurisdiction matters, like taxation, has now been relieved. [More…]
Therefore the original reason for the Superior Court has completely disappeared and it is only now and again that one will find in the High Court lists matters of original jurisdiction- a matter, for instance, referred there recently by the other House and currently being heard; matters where litigants wish to bring proceedings against the Commonwealth and where the jurisdiction cannot be taken from the High Court. [More…]
It is because of the individual capacity of the judges who sit on our High Court and on our other courts. [More…]
It is a known fact that the High Court is regarded as having the competence of courts such as the Privy Council, the House of Lords and the United States Supreme Court. [More…]
The High Court in Alexander’s case determined that many years ago, and it is quite unlikely that that decision will be upset. [More…]
They may not be so familiar, however, with cases such as Kotsis v. Kotsis in which it was held that the prothonotaries and masters of State courts and, indeed, the prothonotary and Registrar or master of the High Court cannot exercise any part of the judicial power because they are not appointed for life. [More…]
The workload in the High Court will inevitably lead to its being a court whose jurisdiction can be invoked largely only by leave. [More…]
The High Court consists of 7 justices. [More…]
Some people have talked about increasing the number of justices in our High Court. [More…]
The High Court cannot sit in divisions and it is not desirable for it to sit in divisions. [More…]
The High Court should have the primary function of dealing with constitutional matters. [More…]
But I believe that in this country ultimately there may well be a need for a general appellate court standing between the High Court and the State courts. [More…]
Because of the interpretation which has been given to judicial power since the early 1920s, the fact is that the High Court has restricted its judgments to matters, that is, to matters involving the decision about rights, duties, liabilities or the obligations of the parties. [More…]
So again, in my view, Chapter III is defective because I believe the High Court ought to have an advisory jurisdiction available not only to the Australian Government but also to the State governments. [More…]
There is no need to alter the system whereby State judges are appointed by State governments and High Court judges or Federal judges are appointed by the Federal Government. [More…]
For many years consideration has been given to enabling the High Court and other Federal courts to administer themselves. [More…]
My Government will prepare legislation for creation of a Commonwealth Superior Court to relieve pressure on the High Court. [More…]
The other members were SolicitorGeneral Mason, later a judge of appeal of the Supreme Court of New South Wales and now a Justice of the High Court, Professor Whitmore and later Solicitor-General Ellicott, now the honourable member for Wentworth. [More…]
While the interpretation of the law remains with the Supreme Courts of the States, no matter can be regarded as being settled throughout Australia until a decision has been given on it by the High Court. [More…]
It would redirect the bulk of matters within the original jurisdiction of the High Court into the Superior Court, leaving the High Court principally a constitutional and appellate tribunal. [More…]
Many matters presently subject to appeal to the High Court would, under this Bill, be re-directed to the Superior Court and any matters deserving appeal from this massive Superior Court would be able to proceed to the High Court only by the leave of that court or of the Superior Court itself. [More…]
Not only will this court seize unto itself a vast body of matters of federal jurisdiction, but it shall also hoard and swallow them finally without resort to the High Court. [More…]
Clause 38 of this Bill denies the automatic right of appeal to the High Court as such. [More…]
When this proposal is seen in this light- even if we disregard for immediate purposes all other equally important questions such as necessity, cost and the complexity this court would create within our judicial system, if we focus solely on the aspect of the massive re-direction of jurisdiction into this Court, together with the denial of the right of appeal to the High Court- it must become clear that the result of this Bill will not be to streamline our judicial process, increase its efficiency or even to clarify it. [More…]
High Court and from the State supreme courts is just another example of the centralist thinking of this present Government. [More…]
One cannot deny that technically the power to establish a federal court additional to the High Court is within the Constitution. [More…]
One of those provisions in clause 9 of the Bill will ensure that an appeal lies to the High Court against a sentence when an accused is committed for sentence to the Supreme Court and is sentenced by that court. [More…]
Such an amendment is necessary following the decision of the High Court in Jackson against The Queen in 1964 when it was decided that the expression ‘convicted on indictment before the Supreme Court’ did not cover the situation in which a person was not arraigned before that court but was committed to the Supreme Court for sentence by a lower court. [More…]
We discussed at some length the position as to what could be done, the relative attitudes of the consortium and the Government and, in particular, the impact of the delay in the decision of the High Court of Australia in relation to the challenge by the various State governments to the Petroleum (Submerged Lands) Act. [More…]
May I add that I have a very great respect for the High Court of Australia, a respect which pervades the whole of the English-speaking world and for a [More…]
It is quite clear that there is a new branch of jurisprudence, which is conditioned by modern technology in respect of geomorphology and petro-geology, and that jurisprudence undoubtedly will be applied, according to our contentions and beliefs, in the judgment of the High Court, which we expect at an early date. [More…]
As honourable members know, the legislation has been challenged in the High Court, but the Court has not given judgment in that matter. [More…]
Whether the High Court will decide that State jurisdiction ends at the 3-mile limit or at the high water mark is a matter of conjecture. [More…]
One thing is certain, however, and that is that the Queensland Government has considerable powers and, whatever the findings of the High Court, will continue to have considerable powers in areas which are included in the Great Barrier Reef province, as delineated in the Schedule to the Bill. [More…]
It has been argued that this is a matter that should have awaited the challenges at present before the High Court on the questions of the law of the sea, the extent of the territorial sea, which government controls the seabed, and where the boundary of that control lies on the landward side of the sea. [More…]
But the legislation excludes very carefully those areas which are under the control of the State of Queensland, so it is difficult to imagine that any decision of the High Court could affect the legislation. [More…]
Subject to this Act, a person attending before the Ombudsman has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, as a witness in proceedings in the High Court. [More…]
I do not want to be discourteous to a Justice of the High Court, nor do I want to be discourteous to somebody I served under. [More…]
It will neither seek the approval of the Australian Government nor wait on the outcome of the High Court dispute over off-shore sovereignty … [More…]
Above that there will be, we hope, an Australian court of appeal which will take some of the original jurisdiction away from the High Court where it has often been said it should not be and also will serve as a court of appeal from the federal court and the Territory Supreme Courts. [More…]
It has been the subject of discussions with some of the High Court judges and some of the Territory judges. [More…]
I say that in all likelihood it would have that effect because nobody can be certain that in law it would have that effect It would be subject to challenge and would need to be considered by the High Court itself. [More…]
It would be considered not by the Privy Council but by the High Court. [More…]
In order to appeal to the Privy Council there must be leave of the High Court; a certificate must be granted by the High Court. [More…]
As a companion to the present Bill, legislation was brought into the House- it was passed by the House and by the Senate- which would have meant that there could be no appeals from the High Court to the Privy Council. [More…]
The net result of that would be that if litigants opted to go to the High Court they could not then go on to the Privy Council. [More…]
The High Court is the final court of appeal establishing the law. [More…]
If it is argued that we should have the High Court as the final court of appeal to establish law because of our independent status, is there anybody in this House who would support the Attorney-General (Mr Enderby) and the Government by saying that the way in which to do it is to establish our lack of independence; to establish clearly by an act of this House and the Senate that we do not have the full constitutional independence? [More…]
I make it clear that I think that all appeals ought to go exclusively to the High Court and not to the Privy Council. [More…]
They could be asked whether they are in favour of the ending of appeals to the Privy Council or, to put it in more positive language, whether they are in favour of the final court of appeal in all matters legal being the High Court of” Australia. [More…]
I recapitulate: If the Government wishes to have a referendum and to test the matter by constitutional amendment, I will support it because I very strongly believe that the final court of appeal should be the High Court of Australia. [More…]
I conclude by emphasising the point that to end all appeals with the High Court would not in any way submit us to any risk of a deterioration of our legal standards in Australia, for I say without any disrespect intended whatever to the learned judges who form the Judicial Committee of the Privy Council none of them can claim greater wisdom in the law, either collectively or individually, than we can claim for our own High Court. [More…]
We are not going to have any diminution in standards by the High Court’s becoming the final court of appeal. [More…]
One would have thought that in this day and age, in 1975, Australians of whatever shade of political hue or feeling would have agreed on one thing at least, namely, that Australia is a nation which today recognises, as far as its legal system is concerned, that the High Court is and should be the ultimate court of appeal from all Australian courts, whether those courts be part of the Federal system or whether they be part of the State systems. [More…]
There are different points of view, it is true, on whether a challenge would succeed in the High Court were it ever to be mounted. [More…]
The Australian Government takes the view that it wants to go to the limit of constitutional power because it has to change the absurd situation whereby an appellant in a State system of courts- in the New South Wales Supreme Court or the Victorian Supreme Court or the South Australian Supreme Court or the Western Australian Supreme Court or the Tasmanian Supreme Court or the Queensland Supreme Court- can bypass the High Court and go to the Privy Council, thus setting up 2 different competing lines of authority. [More…]
Yet the Australian Government, in trying to give effect to its policies, to see the High Court of Australia as the single and only ultimate court of appeal, once again is met with arguments from the Opposition to the effect that it does not really oppose the Bill but there must be some other way in which the Government should try to do this. [More…]
This is one further example of the attitude of the Opposition when its members rise in this place to say that it is right and proper- that is the effect of their words if not the meaning of their wordsthat Australians should not use their own High Court but in six different ways from six different parts- called States- of Australia should be able to appeal to a supreme judicial body in another country that increasingly is a foreign country to Australia notwithstanding its very close historic ties with Australia. [More…]
In 1975, 1976, 1977 and 1978, and for all we know in the year 2000 if the Opposition has its way and continues to control the Senate, Australians will still be required to appeal from the Supreme Court of, say, Western Australia not to our own High Court but to the Privy Council in England. [More…]
Honourable members will know that at the time this Bill was introduced there was a companion Bill to abolish the final right of appeal from the High Court of Australia to the Privy Council. [More…]
We supported that Bill and our support was consistent with our attitude that the final court of appeal should be the High Court of Australia. [More…]
So I emphasise again that the Opposition is in no way opposed to a situation in which the High Court of Australia rightly becomes the final court of appeal on all matters arising in the Commonwealth of Australia. [More…]
We made this point very clear in the debate on the Bill dealing with the abolition of appeals from the High Court to the Privy Council. [More…]
Pending reestablishment of that Authority, following the High Court’s judgement of 24 June, its functions will be undertaken by the Petroleum and Minerals Company of Australia Pry Ltd. [More…]
But I also found myself thinking that judges, High Court judges and all manner of appointments are properly the responsibility of governments. [More…]
Subject to this Act, a person attending before the Defence Force Ombudsman has the same protection, and is, in addition to the penalties provided by this Act, subject to the same liabilities, as a witness in proceedings in the High Court. [More…]
Who can truthfully claim that the appointment of Senator Murphy to the High Court was a normal, ordinary, casual vacancy in the morally accepted sense of the word? [More…]
Is it a breach of convention for the Prime Minister to try to stack the High Court? [More…]
This is the Government that embarks upon an electoral redistribution while the legislation covering it is under challenge in the High Court. [More…]
It conforms basically to a similar resolution debated in the Senate on 12 and 13 February of this year following the disgraceful decision of the Liberal Premier of New South Wales to appoint what he falsely tagged as a ‘political neuter’ to replace retired Labor senator, now Mr Justice Murphy, who was appointed to the High Court On that occasion the Senate carried the resolution unanimously. [More…]
We hope to have in the very near future a favourable decision from the High Court of Australia. [More…]
Then we have the Right Honourable Sir Garfield Barwick who was appointed Chief Justice of the High Court of Australia. [More…]
His Government, of course, on 19 December last challenged the validity of the RED scheme in the High Court of Australia and is pursuing the challenge. [More…]
He, on 14 February last, also challenged the validity of the RED scheme in the High Court, and his Government is pursuing that challenge. [More…]
These programs have not been challenged in the High Court by the Liberal State governments. [More…]
That view was expressed by Mr Justice Murphy of the High Court as he now is. [More…]
When the Minister outlined his course of action to get approval of the High Court for the Bill to give this Parliament sovereignty- large elements of the Opposition agree with that- Opposition members berated Mm for it and tried to disparage his policy. [More…]
That is the real kernel of the battle that has been going on in the High Court of Australia; that is, the States have been standing up not for the interests of Australia or of the people of their States but for the interests of those people who currently hold the wealth in minerals and energy resources and they clearly are not the Australian people. [More…]
The High Court challenge is essentially preventing the Australian Government from getting on with the job. [More…]
It is not only that the States have been prepared to go to the High Court and delay the development of the Northwest Shelf. [More…]
He realised that the Woodside-Burmah consortium recognised the reality that the Australian Government would be awarded the case in the High Court and would be granted sovereignty over the submerged lands. [More…]
I thought that the Prime Minister was serious, just for one fleeting moment, until yesterday at the function in connection with the commencement of work on the Australian High Court building when the Prime Minister pronounced ‘ DECAmetre ‘ as ‘ deCAMeter ‘. [More…]
I am concerned that this whole program is imperilled by the legal challenge to the High Court by the New South Wales and Victorian governments. [More…]
It is to be hoped that they will prevail upon their colleagues in the State parliaments to withdraw the challenge in the High Court. [More…]
In fact this headline appeared in an article in the Financial Review of recent date: ‘Whitlam packs the High Court- with business’. [More…]
At present 17 cases involving the Federal Government are before the High Court. [More…]
The House will be aware, and in particular my colleague the Attorney-General (Mr Enderby), who is sitting opposite, of the extent to which the High Court, as the only arbiter in Australia of the constitutional limits of the power of the Commonwealth Government, literally is bogged down in adjudicating on matters involving the constitutional power of Acts passed by this present Government. [More…]
Whilst I would never deny the proposition that it is the place of the High Court in the final analysis to determine whether or not a law of this Parliament is valid I put it to the Committee that any AttorneyGeneral of this country has an obligation to advise the Government that he serves whether or not Acts passed by this Parliament are within constitutional power. [More…]
One is reminded, of course, of the fate of the petroleum and minerals authority legislation which was rejected by the High Court as being outside the operation of section 57 of the Constitution being legislation which ought not to have been considered at the Joint Sitting of this Parliament convened last year. [More…]
I think it is a matter of real concern that the High Court of Australia should have so much of its time consumed with determining the constitutional validity of Acts of this Parliament. [More…]
I think it is a dismal commentary on the quality of the advice that has been given to this Government that the High Court is so occupied with constitutional cases. [More…]
The High Court is not exclusively concerned with determining constitutional cases. [More…]
I remind the Attorney-General that it was Attorney-General Bowen of a Liberal-Country Party Government who introduced legislation in 1968 to determine for all time appeals from the High Court of Australia to the Privy Council in constitutional cases. [More…]
When one examines the history of legal advice tendered by the Attorneys-General under the Whitlam Labor Government since 1972 one finds that time and time again that advice has been found wanting, that this Government has been bogged down in a series of constitutional cases before the High Court and that this client, the Federal Government, has been involved in too much litigation. [More…]
The quality of the advice must be found wanting when one examines the many matters that have come before the High Court. [More…]
As honourable members are aware, the Victorian Government at the present time is challenging the validity of these offices in the High Court of Australia. [More…]
Honourable members opposite may laugh, but when one lawyer rises in this place and says that because you are in court you are not protecting the interests of your client- he was referring particularly to my predecessor who is now a High Court judge- it is an unfair below the belt attack. [More…]
The validity of that legislation is now challenged by the Opposition before the High Court. [More…]
My good friend who sits opposite, the honourable member for Wentworth, has asked what is wrong with challenge in the High Court. [More…]
This is the simple explanation why after 23 years of government by those who are now in Opposition we find no evidence of any challenges to their legislation in the High Court. [More…]
Whether the Labor Government involved is the Fisher Government which was in office before World War I, the Scullin Government, the Curtin Government, the Chifley Government or the Whitlam Government, inevitably we will find High Court challenges to the legislative actions of those Labor governments. [More…]
The Opposition parties used the High Court for this purpose. [More…]
It is any wonder that we do not find any High Court challenges to actions by the previous Government? [More…]
It is in the nature of things that there will be High Court challenges to what this Government does. [More…]
We welcome the opportunity to present a case to the High Court. [More…]
High Court of Australia. [More…]
Opposition members are not interested in change, so they are not interested in the referral of powers, referendums or even in the High Court which, I repeat, is the only instrument of change left. [More…]
I tell the Committee that the High Court has been the only engine of change. [More…]
None of the initiatives of which the honourable member complains which led to High Court challenge sprang from my mind. [More…]
I thought it rather ironical that at one particular stage a Minister, Mr Bowen, said that the Government would appeal to the High Court of Australia. [More…]
Sooner or later the High Court of Australia will have to do exactly the same as the Supreme Court of the United States of America and tell the Australian people what has to happen so that in future we will not have redistributions at the behest of the National Country Party which will favour country people and result in smaller electorates. [More…]
This Government claims to have a high regard for convention, yet I wonder how many people in this House and outside it are aware of the fact that the legislation on which these proposals are based is at the moment under challenge in the High Court of Australia. [More…]
In May this year, the day before the Minister first introduced these proposals, the High Court began hearing challenges to the Commonwealth Electoral Act (No. [More…]
I suggest that it is a matter of the gravest impropriety for this Government to go ahead with its electoral plans while the legality of the law on which they are based is being considered by the High Court. [More…]
This Government, which claims to observe convention and proper practice, is thumbing its nose at the High Court of Australia just as it has thumbed its nose and trampled under foot so many other institutions, traditions, customs and conventions. [More…]
Thank goodness the High Court was there to give a judgment. [More…]
The Government tried to bluster its way through in that respect only to be reprimanded and pulled into gear by the High Court. [More…]
If the High Court makes a fair decision, it will probably reject those laws. [More…]
But that is a matter for the High Court to determine. [More…]
The Whitlam Government has no more respect for the High Court than it has for any of the other basic institutions in our society; otherwise it would not have treated the High Court with such contempt by bringing this legislation back a second time. [More…]
As I say, sooner or later the High Court of Australia is going to have to determine this question of electoral redistribution, because while the National Country Party wields the axe over the Liberal Party there is no chance of its being determined. [More…]
If it thinks it would it should wait until it receives the judgment of the High Court. [More…]
The first is that the legislation providing for this redistribution is under challenge before the High Court. [More…]
The plan of destruction is supported by a plan of obstruction, an obstruction in the way of a challenge by private lawyers in the High Court on constitutional grounds, grounds which mask the real objection by those conservative elements. [More…]
It means that there will be a High Court and that the High Court will be an arbiter. [More…]
People who dare to go to the High Court and attack legislation are abused. [More…]
What is the High Court there for if it is not to deal with the question of whether a piece of legislation or an Act of the Government is constitutional? [More…]
There was an occasion last year when the Builders Labourers Federation delivered threats against builders that if they proceeded with a matter in the High Court the Federation would create industrial trouble. [More…]
If ever there was a serious and grave contempt of the High Court, that was it. [More…]
What worries me is that the Government on one hand has retreated from its commitment to the States yet on the other it has acquired land to the value of $4.3m, and that land is to be administered by it- namely, Towra Point, an area about which I think there is a challenge by the New South Wales Government in the High Court, and Elanda Plains in Queensland. [More…]
The honourable member was not in this place at the time one of the major eastem European countries made an application to the then Attorney-General, the present Chief Justice of the High Court, to extradite to the Soviet Union mass murderer- and I name him again in this place- -Evon Vicks. [More…]
In fact, APC would not recover the cost of the paperwork involved, let along the costs of their High Court action with XL Petroleum to determine the right to the allocation. [More…]
I remind the honourable member again that he is a member of the Liberal Party, that he is a Victorian, that he lives in a State that has a Liberal government, that the Premier of that State, Mr Hamer, a Liberal, has taken the trouble of going to the High Court for a writ to restrain the Australian Government from dealing with local government in matters like this. [More…]
It is curious that members of the Opposition should stand up, as they have done on more than one occasion on this matter, and criticise the Australian Labor Government for not doing this and not doing that when in fact their friends in 3 States of Australia have taken out writs in the High Court to restrain us from doing it. [More…]
Who took a case to the High Court to stop the people of the Northern Territory obtaining a vote in Senate elections? [More…]
The exceptions are some Rolls Royce, Daimler and Bentley cars which have been in the fleet for a number of years and also 2 Mercedes Benz saloons used by the Gc vernor-General and the Chief Justice of the High Court. [More…]
Further, I remind honourable members that while he was a justice of the High Court of Australia, Sir Owen Dixon, who later became Chief Justice, was appointed Australian Minister to the United States in 1942 and the Judiciary (Diplomatic Representation) Act 1 942 was passed to enable him to hold that office in addition to his judicial office. [More…]
The High Court declared it invalid on 24 June 1975. [More…]
I think we would all say that it is reasonable to suppose that the AuditorGeneral would use his powers to remit, as he is entitled to do under the Act, any such surcharge arising out of expenditure made before 24 June 1975- the date on which the High Court declared the Act invalid. [More…]
Funds were provided from Advance to the Treasurer on 30 June 1975 to enable payment of $566,427 to be made in 1974-75 to Delhi International Oil Corporation in respect of a commitment entered into prior to the High Court decision … [More…]
I ask now what other payments have been made under this Act or as a consequence of arrangements made under this Act since 24 June 1 975 when the High Court declared the Act to be invalid? [More…]
That is still a matter for High Court determination. [More…]
Then it became a legal issue and the High Court said it was invalid on technical points of time. [More…]
As the honourable member for Bennelong said, certainly the Constitution has been amended but, with a few notable exceptions, largely as a result of judicial interpretation by the High Court rather than at the ballot box. [More…]
These powers and others have been vested in this Parliament and despite rejection at the ballot box or at referendum, or confirmation if you like, the High Court has placed its imprimatur on the recommendations of the constitutional committees as set out in the 1929 and 1959 reports and in respect of which the Opposition in government over 23 years failed to act upon. [More…]
All the powers have been given to the Federal Parliament by the High Court in terms of judicial interpretation. [More…]
We as a nation ought to study and contrast, if you like, the people’s track record, that is, the ballot box, and that of the High Court in the field of meaningful, constructive, progressive and much needed constitutional change. [More…]
It can do nothing, or it can leave any meaningful changes to be made by the High Court. [More…]
It can be altered de facto by decisions of the High Court on constitutional cases. [More…]
This is not to be taken as criticism of the High Court. [More…]
But it is not proper that constitutional development in Australia should de facto rely upon judicial interpretation of the Constitution by the High Court. [More…]
A case had been decided by the High Court in which it was held that the exercise of the States applying a receipt duty tax was an excise power and it was therefore unconstitutional for the States to do it. [More…]
The final instrument of change is the High Court itself. [More…]
There is no measure of criticism of the High Court in that comment. [More…]
I refer to the fact that the other systems of change have so dismally failed that the High Court which interprets the Constitution and which I heard the Chief Justice say the other day was actually an arm of government that is something with which I might not necessarily agree- has turned out to be the instrument of change. [More…]
More change, for example, came from the decision of the High Court in the concrete pipes case in terms of a transference of power from the States to the Australian Parliament than has ever come from any reference of power or referendum which has been put forward- certainly if not now then in the future. [More…]
Yet there it is, written in black and white, almost unalterable except by the interpretation of the High Court which from time to time is able to give new meaning to old words. [More…]
When the High Court hands down its decisions we will know whether the success is greater or less than it has been to date. [More…]
First of all the question of the extent of the power of this Parliament to provide funds for legal aid is presently before the High Court. [More…]
In those circumstances I suggest to honourable members that it is stupid to legislate until we know what the High Court has to say. [More…]
If the legislation before the- High Court is declared invalid it is probably the Government’s fault for not putting it in proper legislative form. [More…]
It is foolish, I suggest, for this Parliament to proceed with this measure while the matter is before the High Court. [More…]
The committee should be able to deal with the matter by early next year- that is to say before the High Court hears the proceeding before it and is able to give its decision. [More…]
Then we have the action of the Victorian Liberal Party Government which at present is challenging the validity of this proposal in the High Court. [More…]
My first criticism, that of the absence of a BUI, is of course cured by this BUI, but I think the absence of a BUI encouraged or invited the idea of a High Court challenge to the Aus.tralian Legal Aid Office. [More…]
With the Australian Law Reports, for instance, our stated objective is to produce reports of the High Court of Australia within eight weeks of judgment being handed down. [More…]
By the Seas and Submerged Lands Act 1 973, the Commonwealth also took the further step of declaring that sovereignty in these off-shore areas lay with the Commonwealth.- There appears no doubt that if the High Court declares the Act to be a valid Act the Commonwealth will have sovereignty over these off-shore waters. [More…]
If the sovereignty as claimed is not granted by the High Court there will be added problems. [More…]
However, for the Government to anticipate the result of that decision is improper and I must say is typical of the Government’s conduct in relation to its whole role with the High Court. [More…]
It is rather ironic that this Bill in respect of off-shore vessels and other structures should proceed upon the basis of the constitutional validity of the Seas and Submerged Lands Act 1973, which is presently under challenge in the High Court as being beyond the constitutional powers of the Commonwealth. [More…]
It is ironic because the former- not late lamented but certainly former- Minister for Minerals and Energy, the Prime Minister (Mr Whitlam) and the Deputy Prime Minister (Mr Crean) have all said that it is impossible to enter into any dealings with the States or for the Commonwealth to grant in co-operation with the States, under the Petroleum (Submerged Lands) Act, any exploration permits or production permits because of the pending challenge in the High Court to the Seas and Submerged Lands Act. [More…]
It is plainly because if the High Court should uphold the validity of the Seas and Submerged Lands Act this Government would want to take unto itself complete control over all exploration and exploitation of natural resources off-shore from Australia- not only oil and gas but also other minerals that may be obtained from the sea bed. [More…]
So at the same time we have this Government relying on the Seas and Submerged Lands Act under challenge in the High Court and acknowledging the validity of the Petroleum (Submerged Lands) Act under which this Government will not operate. [More…]
They are: The Judiciary Act, the High Court Rules, the Defence Act, the Bankruptcy Act, the Re-Establishment and Employment Act, the Interim Forces Benefits Act, the Courts Martial [More…]
in the case of the National Director or an Assistant National Director- he is enrolled as a barrister, as a solicitor, or as a barrister and solicitor, of the High Court, of another federal court or of the Supreme Court of a State or Territory; or [More…]
We will not only have the Bannister case to fight in the High Court but we will have theSmith case, the Jones case and other cases. [More…]
These are ready made situations where the community may need legal assistance because, collectively, it cannot provide the necessary funds to fight an action which maybe has to go right to the High Court. [More…]
Another eminent authoritya senator who was so eminent that this Prime Minister thought he should be on the High Court bench- said: [More…]
He called it on 5 Bills, but he misled the Governor-General on one of them and on that one the High Court had to overrule him. [More…]
Finally, this legislation had to be validated by the High Court against challenge so that representation could be secured for the people of the Northern Territory. [More…]
The Queensland Government would propose Senator Albert Patrick Field for the Senate again if the High Court decided he was ineligible to sit, the Premier Mr BjelkePetersen said today. [More…]
Then the Premier relieved himself of some comments about the High Court in general, and I need not regale the House with those. [More…]
I doubt very much that High Court judges would be influenced by any comments in this Parliament in respect of matters related to politics. [More…]
Yet it was one of their State colleagues who instituted a challenge in the High Court of Australia to one of the programs which the Australian Government instituted to provide funds to help these people. [More…]
I am referring, of course, to the Australian Assistance Plan, which only last Friday was upheld by the High Court after a challenge put in by the Victorian” Attorney-General. [More…]
He is a gentleman who in the past was often talked about as having the capacity to go on to the High Court of Australia. [More…]
The High Court of Australia has itself observed in the Engineers Case and in other cases that one of the most important of the conventions- the principle of responsible government- is interwoven in the texture of the Australian Constitution. [More…]
Sir Owen Dixon, a distinguished Chief Justice of the High Court, observed to similar effect, as I have quoted Lord Haldane and the Engineers Case, when commenting at Harvard in 1955 on the Australian Constitution. [More…]
It is very much afraid that if the majority is lost in the Senate- the majority would be lost in a half Senate election- there will be passed through this Parliament a redistribution Bill conforming to the principles of redistribution contained in the legislation which the High Court has recently upheld as valid- that is, that there may be a variation of 10 per cent above and below the quota. [More…]
In dismissing a damages action brought against an agent by an Australian last year an English High Court judge said that only a child or an unsophisticated person took travel brochures literally. [More…]
A person shall not be appointed as the chairman unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years. [More…]
‘(4) A person is not eligible to be appointed as the chairman unless he is enrolled as a legal practitioner of the High Court, of another federal court or of the Supreme Court of a State or Territory and has been so enrolled for not less than 5 years. [More…]
This amendment no doubt effects an improvement to the original Bill which was presented to the Parliament last March, but I question the wisdom of having a 3-man Board with a chairman who has to be a legal practitioner of the High Court or another Federal court, supreme court, etc., a deputy chairman and just one other person. [More…]
I am not in a position to move any amendment to the suggestion made by the Minister for Tourism and Recreation (Mr Stewart) but I would appreciate some explanation, firstly, for why the Board is to be such a small body, and, secondly, why the Government is insisting that the Chairman must be a legal practitioner of the High Court, etc. [More…]
One of them has left the Parliament and gone to the High Court; two have left the Ministry; one remains as Prime Minister. [More…]
Four State governments- New South Wales, Queensland, Victoria and Western Australiachallenged the Act in the High Court of Australia and on 24 June 1975 the High Court of Australia by majority decision declared that the Petroleum and Minerals Authority Bill 1973 was not a valid law of the Commonwealth in that its passage through the Houses of Parliament did not meet the procedural requirements of section 57 of the Constitution. [More…]
During the 10, months of its existence the Petroleum and Mineral Authority, despite the difficulties of being under High Court challenge, established an important and necessary role in petroleum and minerals development. [More…]
At the time of the High Court’s decision the Authority had under consideration some 69 proposals for petroleum and mineral development, large and small, covering all States and the Northern Territory. [More…]
I have some High Court decisions which I should like the permission of the House to have incorporated in Hansard. [More…]
I am not distraught as those opposite are by the High Court having held what would obviously have been the case in the minds of most honourable gentlemen, that senators may be elected from the Territories and may vote. [More…]
Their sense of outrage was exacerbated by the fact that a Country Party Premier, the Premier of Queensland, who I read is campaigning in the Northern Territory at the moment- one would almost think an election was coming up for the Territory- challenged in the High Court the right of citizens of the Northern Territory to have senators of their choice sitting in the Senate and voting for them. [More…]
As soon as any Governor were to issue writs for the election of senators to take office for his State as from 1 July next, automatically, under the legislation which the High Court has declared valid, there would be an election for the senators from the Territories to take office immediately. [More…]
The second point is that now the High Court of Australia has come down with a decision that the Australian Capital Territory and the Northern Territory shall qualify for Senate representation the mastermind of the Australian Labor Party, the Prime Minister (Mr Whitlam), has said to the Minister: ‘You had better get that into the House and get it through because there might be a few votes in the Northern Territory for us’. [More…]
Without delaying the House I just want to make the point that the Queensland Premier’s Government was one of the governments which in the High Court opposed Senate representation for the people of the Northern Territory. [More…]
He ignores recent High Court judgments. [More…]
He arbitrarily reduced that representation to 4 ALP senators when filling the vacancy caused by the elevation of then Senator Murphy to the High Court. [More…]
However, corruption and immorality became apparent, and challenges were made to the High Court on his right to sit in the Senate. [More…]
One member of a panel of seven respected justices of the High Court was consulted. [More…]
They should be afraid that the then Prime Minister, Mr Whitlam, was never offered alternatives, that the advice of the High Court Full Bench was never sought, that the advice of the Attorney-General and/or the SolicitorGeneral was never sought, that the Presiding Officer of this House was ignored when a majority of the members in Parliament assembled directed a course of action. [More…]
As a result of that, the matter has gone to the High Court and the validity of that provision will soon be contested. [More…]
Because of a question that was raised in South Australia- I think in a case relating to custody with no associated divorce proceedings- section 40A of the Judiciary Act has operated to cause a question as to the validity of the Family Law Act to be before the High Court. [More…]
If the High Court was to declare the Act wholly or largely invalid there would be serious consequences both from the point of view of the administration of the Act in its extent and from the point of view of the Family Law Court concept. [More…]
I make that statement perhaps not in direct answer to the question but to indicate to honourable members that the Family Law Act and its administration are constantly under review but the Act is also under review in the High Court. [More…]
A similar provision was contained in the Judiciary (Diplomatic Representation) Act 1942 which provided for the appointment of Sir Owen Dixon, then a justice of the High Court of Australia, to be Australian Minister to the United States. [More…]
That is left to the 7 judges of the High Court. [More…]
It was the Chief Justice alone, not the Chief Justice with his colleagues who comprise the High Court; and the Chief Justice is a former Liberal Minister who is related to a present Minister. [More…]
If the House chose to appeal to the High Court for an interpretation of the Constitution or for redress under the Constitution it could not do so because it already would have been dissolved and therefore it would have no person who was able to take such action. [More…]
When the code was last debated in this House 12 months ago the spokesman for the Opposition, now the Minister for Aboriginal Affairs (Mr Viner), opposed it on the ground that the Seas and Submerged Lands Act was being challenged by all States before the High Court. [More…]
If the High Court upholds the powers of the national Parliament in this field the Minister can re-introduce the BUI. [More…]
On 17 December last the High Court, which had reserved judgment 8 months before, upheld the powers of the Parliament. [More…]
The High Court also decreed in December that amendments must be made to the Representation Act and that a new distribution of electorates cannot wait for the census. [More…]
Does he say that Evatt, a man who became one of the youngest judges ever of the High Court of Australia was in error? [More…]
Although the High Court of Australia has made clear in the Boilermakers’ Case and elsewhere that there must be clear separation between the exercise of judicial and executive functions, it has never expressly decided whether one person may exercise both sorts of functions in different capacities. [More…]
Whatever may be the outcome of a High Court case posing this problem, there can be no doubt, under the law as at present interpreted, that the 2 functions cannot be exercised by the same person acting in the one capacity. [More…]
We know, of course, that the High Court unanimously gave short shrift to any such description in the case where it determined there was no such person as ‘Queen of Queensland’, still less ‘Queen of the State of Queensland’. [More…]
In early 1975 Senator Murphy of the Australian Labor Party was elevated to the bench of the High Court of Australia. [More…]
I support the action now being taken by the Government in the High Court to set aside the decision in the boilermakers case. [More…]
It was a stupid decision, and I am pleased to note that the present Chief Justice has regarded it as stupid and that the High Court has virtually invited the Government to challenge it. [More…]
At the time of the Commonwealth Police surveillance we all recall that the Attorney-General, who was then the Leader of the Government in the Senate and who is now a justice of the High Court of Australia, was seeking for that same lady discounted Commonwealth accommodation in Canberra. [More…]
My point of order is that the Deputy Leader of the National Country Party is making imputations against a justice of the High Court. [More…]
Although there has been a High Court decision giving sovereignty to the Commonwealth in off-shore areas, it is our desire to co-operate with the States to see that the maximum use is made of their facilities rather than to build up another Commonwealth instrumentality in this area. [More…]
We had to wait until the battle of El Alamein during the Second World War for the High Court to rule that the Australian Government could occupy the whole field of taxation which it did, thereby attaining a pre-eminence from the point of view of financial resources, which it then proposed to administer in the best interests of this nation. [More…]
They tried in the High Court. [More…]
Can he say whether the Chief Justice sent a letter or letters to his fellow Justices of the High Court concerning consultations he had on the dismissal of the Whitlam Ministry on 11 November 1975? [More…]
Those courts, or the High Court, then were the only courts with such jurisdiction. [More…]
The High Court ruled that the Government could occupy the whole field of taxation and from that date the Australian Government has excercised that power clearly establishing its pre-eminence from the point of view of the nation’s financial resources. [More…]
This question was raised by Mr Justice Megarry of the English High Court of Justice in his fifth Riddell Lecture in 1972 and his comments perhaps are even more pertinent today. [More…]
It seems that this Mr Sankey has brought a citizen’s information against the former Prime Minister, my Leader, and 2 former Ministers of the Labor Government and a judge of the High Court, alleging conspiracy. [More…]
My honourable friend from Oxley (Mr Hayden) changed the standard of life of every pensioner in this country, and he did it in the face of the hottest critical opposition you could encompass, from obstructions from State governments, from obstructions from the other place, from appeals to the High Court in various areas, and all the rest of it. [More…]
The presiding High Court judge ruled that if either of the parties wished they could petition the House for leave to canvass its proceedings. [More…]
What it wants to write into the Constitution amounts to a denial of the right of political association, of the formation of parties and of any real chance of an effective opposition in the Polish Parliament; secondly, the taking away of the rights of an independent and free Polish foreign policy by writing into the Constitution that, ipso facto, the foreign policy of the Union of Soviet Socialist Republics, will be, for all intents and purposes, the foreign policy of Poland; and, thirdly, by giving to an arm of the Executive, the State Council, an interpretive right- whatever the honourable member for Wills might say it is not the right of the Governor-General of Australia but in fact is the right of the High Court of Australia- to interpret the Constitution. [More…]
‘Parliamentary privilege’, says Erskine May, ‘is the sum of the peculiar rights enjoyed by each House collectively as a constituent part of the High Court of Parliament, and by Members of each House individually, without which they could not discharge their functions . [More…]
He will have noted that as a result of a High Court decision last October Victorian and Queensland milk producers have an unrestricted right to sell cut price milk and milk products in New South Wales and that the Norco Co-operative Ltd, the [More…]
I do not believe that the application of that High Court decision is the basis on which the long term problems either of the consumer or of the producer will be solved. [More…]
Since this legislation, now entitled the Seas and Submerged Lands Act, was declared valid by the High Court 5 months ago I ask him how soon he will be able to introduce the off-shore mining code promised by his predecessor 6 years ago. [More…]
Since the announcement was made by the High Court validating the Seas and Submerged Lands Act processes have been under way between the Attorneys-General to itemise the ramifications of this decision. [More…]
It must be recognised that the High Court has now made it quite clear that ministerial responsibility ultimately will lie with a Commonwealth Minister who will have to report to this Parliament. [More…]
By that I mean that even before this Committee can function a good deal of legal work needs to be tidied up in relation to the impact of the High Court judgment on the Seas and Submerged Lands Act. [More…]
From the High Court judgment emerges the salient fact that off-shore there is precisely 100 per cent Australian ownership. [More…]
It is to be noted very clearly also the delay in the delivery of the High Court judgment. [More…]
The High Court held that the Seas and Submerged Lands Act was valid despite section 16(b). [More…]
I asked his colleague, the Minister for National Resources (Mr Anthony) whether he would table the advisings that he had received from the Attorney-General and from any other officer, presumbly the Solicitor-General, on this matter and the implications of the High Court decision. [More…]
I suggest that we should have had produced the file of correspondence throughout the period of the High Court hearing between myself and Mr Mensaros the Minister for Mines of Western Australia, in which I repeatedly pointed out to him that State’s lack of sovereign powers, the inadequacy of the conditions in respect of which the State granted exploration permits or production rights and the inadequacy of the expenditures that were sought from the companies concerned. [More…]
Further results flow from the High Court decisions, and I refer in this respect to the rights of the on-shore States to legislate in respect of what is called peace, order and good government. [More…]
In the course of discussions relating to the possibility of confusion and misunderstandings, my attention has been drawn to the High Court case of Johnston v. Egg Marketing Board of New South Wales, reported in 112 Commonwealth Law Reports at page 343. [More…]
It has been accepted for decades among the judiciary, the law officers of the Crown and the legal profession that the High Court of Australia ought to be relieved of much of its original jurisdiction and some of its appellate jurisdiction. [More…]
Last July, in a speech to the eighteenth Australian Legal Convention in Canberra, Mr Justice Mason, as he had become, summed up the problem faced by the High Court and the absurdity of shelving the Superior Court. [More…]
As the Prime Minister observed on the opening day of this Convention, in 1963 a proposal was initiated for a Federal Superior Court designed to relieve the High Court of most of its original jurisdiction and part of its appellate jurisdiction. [More…]
Notwithstanding that everyone is agreed that the High Court should be relieved of part of its existing original and appellate jurisdiction, that proposal has perished on the rock of State rights. [More…]
The choice to be made between these alternatives is much less important than the desirability, indeed the necessity, of ensuring that the High Court’s jurisdiction is appropriate to that of an ultimate Court of Appeal. [More…]
The main reason for proposing the Court in the first place was the need to relieve the High Court of most of its single justice original jurisdiction. [More…]
The High Court ought to be free to concentrate on its great tasks as the interpreter of the Constitution and the ultimate court of appeal. [More…]
The Australian Parliament, as the High Court has been careful to point out, has no constitutional responsibility for State courts and cannot intervene in their organisation. [More…]
The need to do this arose out of some comments made by the High Court of Australia in the course of hearing a case which is still proceeding. [More…]
You will recall that on Thursday, 1 April, I referred in the House to the curious story of Danny Sankey and Mr David Rofe, Q.C., the plaintiff and his counsel respectively, in a vexatious political action being pursued in the Queanbeyan court of petty sessions against the Leader of the Opposition (Mr E. G. Whitlam), 2 former Ministers and a judge of the High Court. [More…]
These provisions which have given rise to increasing administrative and legal problems in recent years were the subject of 2 cases before the High Court in 1974 and 1975. [More…]
Honourable members will also be aware that the Family Law Act itself is under challenge in the High Court of Australia and that the decision of the High Court has been reserved and has not yet been handed down. [More…]
Press reports indicate that the Pharmacy Guild of Australia has instructed its solicitors to issue a High Court writ against the [More…]
It concerns the petition filed last February in the High Court of Australia, sitting as a Court of Disputed Returns, by a person who claims to have lodged a valid nomination for last December’s election of senators for Tasmania but whose name was omitted from the ballot-paper. [More…]
As the Minister indicated in his second reading speech, this system is currently faced with increasing administrative and legal problems as evidenced by the decisions handed down by the High Court in 1974 and 1975. [More…]
I remind the Minister for Business and Consumer Affairs (Mr Howard) that in the very first customs case that came before the High Court- Murray and Company v Collector of Customs (1903), 1 Commonwealth Law Reports, page 25- Chief Justice Griffiths set out at page 36 the criteria for a customs measure. [More…]
I anticipate that those provisions will involve a great deal of litigation and I can do no more than warn the Minister of what 6 Justices of the High Court of Australia said in the petrol rationing case, Wagner v. Gall, 79 Commonwealth Law Reports, at page 92. [More…]
The 6 Justices of the High Court wrote those words. [More…]
It was the decision of the High Court of Australia in both of those cases, which cast serious doubt on the existing valuation system in our customs legislation, which led not only this Government but also the previous Government to believe that a change in the valuation system was necessary and that an adoption of the Brussels definition of value was a desirable course of action. [More…]
In fact, in the 2 cases that I have cited which were so critical to the Government’s decision to introduce this legislation the High Court, by reason of its decision, indicated that the existing provisions dealing with that situation were inadequate. [More…]
I fought power and privilege for 61/2 years in the courts of this country, the State Supreme Court of New South Wales, the High Court of Australia, and the Privy Council in London. [More…]
I took the Packer Press to a jury of twelve, then to the Full Supreme Court of New South Wales, then to the Full High Court of Australia and then to the Privy Council. [More…]
In fact, it was written by one of Australia’s most eminent Queen’s Counsel worthy, in the eyes of his colleagues, to be on the High Court. [More…]
Honourable members will also doubtless be aware that the basic provisions of the Act were subsequently challenged in the High Court which, on 1 1 May, delivered judgment substantially affirming the validity of the provisions. [More…]
In the case of matrimonial property, the High Court held that the Act is valid only where the property proceedings are related to pending or completed proceedings between the parties for divorce or other principal relief. [More…]
It will be seen that the High Court decision has meant that the concept of a family court able to deal with all matters relating to family law cannot be realised under a law of this Parliament. [More…]
One of the main purposes of the Bill now before the House is to amend the Act so as to bring it into line with the decision of the High Court. [More…]
The Standing Committee is already examining proposals for uniform matrimonial property laws amongst the States and Territories, and I hope that it will be able to come up with some firm proposals in the light of the High Court’s decision. [More…]
Before leaving the decision of the High Court. [More…]
As the High Court decision means that the closing of State courts when exercising Federal jurisdiction is a matter for State law, the adoption of the principle in section 97 (1) will depend on the co-operation of the States. [More…]
The only avenue of appeal from Territory Supreme Courts is therefore to the High Court. [More…]
It should never be forgotten that that employment creating scheme, based on local assistance, was challenged in the High Court of Australia by a Liberal Government at a time of rising unemployment. [More…]
Earlier this week, I think, another case that came before the High Court on an order nisi involved allegations about the conduct of a judge and his intrusion into the proceedings. [More…]
Because the High Court held that that section was invalid insofar as it was a direction to the courts of the States, the question arises as to how that section should be amended. [More…]
While nobody can be certain in legal matters, as I understand it, the opinions are so clear and firm it is suggested that nobody would bother to take the matter to the High Court of Australia because the invalidity of the present arrangements is beyond question. [More…]
But a High Court action is concerned with the fact that pharmacists believe that they have been taken for a ride, that the Government has been trying to get them on the cheap and is robbing them of millions of dollars. [More…]
The trouble has been that because the High Court’s ruling has made unions keep within the ambit of the original log of claims before subsequent variations to the award can be tolerated or entertained by the Commission, unions have had to anticipate in advance; they have had to set claims that were quite unrealistic. [More…]
Because they were set at levels necessary to meet the consequences of High Court law, the members felt cheated when they did not get the full extent of the claim made on their behalf. [More…]
It so happened that when I called for the legal advising as a matter of information for myself, that legal advising had been prepared not by a law officer of the Crown within the Public Service but by a former Attorney-General who is now the Chief Justice of the High Court of Australia, Sir Garfield Barwick. [More…]
I had no intention of compromising or embarrassing in any way at all the Chief Justice of the High Court of Australia who might very well have been placed in the position of having to deliberate on this important case if it had proceeded further. [More…]
They believed that the Chief Justice of the High Court of Australia should be above Party politics. [More…]
Fortunately, one of the matters which had been under challenge or doubt has been resolved by the High Court. [More…]
The High Court decision has now made it plain that there is no need to amend the Constitution in that respect. [More…]
Let me go back some years to what the former Chief Justice of the High Court of Australia, the late Sir Owen Dixon, said in the railway case of 1953. [More…]
The reason the Government has inserted that provision, if I may say so, is that it was well aware of the High Court decision in the case of Whybrow and Co. in 1910 when it was held that persons or organisations not parties to a particular dispute have no right of audience at all. [More…]
The Government seeks to overcome that finding of the High Court by wording the Act in such a way that there is no right inherent in the Act but there is a right of application in the Act. [More…]
I believe that the very first time the Commission grants the Minister leave to intervene the Australian Council of Trade Unions might very well lodge an action in the High Court to challenge the validity of the Commission so acting. [More…]
So the Government is escaping a legal challenge on the grounds that the Parliament will be doing something invalid, and it is seeking to obtain the same invalid act by allowing the Commission to do that which the High Court will not allow the Parliament to do by legislation. [More…]
It is no use wasting any further time on this because I can see that the Minister is going to interject again; only the High Court will determine it in the final analysis. [More…]
It cannot get an order for mandamus against the Commission from the High Court to do so that section of the Act, because to carry it out the court would need to be able to exercise arbitral powers. [More…]
It could not appeal to the High Court, because the High Court is not competent and, by its own decision in the boilermakers case the High Court would not be permitted to adjudicate on whether the decision to increase wages by $500 a week and to reduce the standard hours to 20 hours a week was in fact, and in law, a matter that contravened the Act. [More…]
-I ask the Attorney-General whether it is a fact that he, together with the Solicitor-General, has given an advising to the Government that the authorities for offshore exploration are of highly doubtful validity following the recent High Court judgment? [More…]
It is a fact that the SolicitorGeneral and I have given advice flowing from the decision of the High Court on the Seas and Submerged Lands Act. [More…]
I want to comment briefly on the propagators of the idea that the High Court decision last year in which the High Court stated it was valid for milk to be transported across borders, will lead to a situation where the dairy industry in States like Queensland will be destroyed. [More…]
We are dealing with a decision of the High Court made on 1 1 May in the case of Russell v. Russell. [More…]
I notice that it has been established that whilst many people can take an interest in custody proceedings, because of the High Court decision that is not now deemed to be the case. [More…]
They are in accordance with the High Court’s decision. [More…]
-I should like to compliment the honourable member for KingsfordSmith (Mr Lionel Bowen) on the very clear, concise and succinct manner in which he has placed before the Parliament information relevant to the background and the trials and the tribulations that the Family Law Act had in the High Court. [More…]
These amendments are specifically designed to bring the courts into line with the decision of the High Court. [More…]
The High Court’s decision has, however, cleared the air and the Bill should now be passed without delay. [More…]
The Family Court of Australia would not have jurisdiction in maintenance matters under the ruling of the High Court unless it is allied with matters of principal relief in divorce proceedings. [More…]
Secondly, as far as property is concerned, the High Court held that the Act is valid only where the property proceedings are related to pending or completed proceedings between the parties for divorce or other principal relief. [More…]
In all, it will be seen that the High Court’s decision has meant that the whole concept of the Family Court Court being able to deal with all matters relating to family law cannot now be realised as was at first hoped and at first envisaged. [More…]
One lesson that we learn from the High Court decision- indeed we suspected when we were debating the Family Law Bill last year that we might learn it- is that in Australia under our Constitution the Federal Parliament does not have power to legislate with respect to matters relating to the family and that therefore under our constitutional set-up the only type of court that can deal with all matters relating to the family is a family court set up under State law which is invested with the necessary State and Federal jurisdiction. [More…]
Indeed I propose to make approaches to State Attorneys-General again in the light of the High Court decision so that they might consider again whether it would not be desirable to set up State family courts. [More…]
I do not want to comment on what the honourable member for Phillip (Mr Birney) said because what he said could relate to proceedings which are currently before the Family Court on appeal and indeed in a proceeding in the High Court. [More…]
It is the first step in a thorough revision of that Act and is concerned primarily with the question of relieving the High Court of some of the burden of its original and appellate jurisdiction. [More…]
A number of the justices of the High Court have drawn attention in recent times to the need for some relief to be given. [More…]
At the same time the amendments will, I believe, have the effect of strengthening State supreme courts by enabling them to handle cases involving federal jurisdiction which at present are dealt with by the High Court. [More…]
The High Court occupies a position of special importance under our constitutional framework. [More…]
It is vital to the working of the High Court that it should be left free to concentrate on constitutional issues and on the fundamental issues of law that come before it in the exercise of its appellate jurisdiction. [More…]
Before explaining the change that would be made by the Bill, it will be useful to explain, in general terms, the present sources of the High Court’s jurisdiction. [More…]
One is directly from section 75 of the Constitution; the other from the power given to the Parliament by section 76 of the Constitution to confer original jurisdiction on the High Court. [More…]
The High Court has an appellate jurisdiction, conferred by section 73 of the Constitution. [More…]
Section 73 provides for appeals to the High Court from State supreme courts, other State courts exercising federal jurisdiction and federal courts. [More…]
The Judiciary Act provides, in general terms, for the appellate and original jurisdiction of the High Court and for the exercise of federal jurisdiction by State courts. [More…]
In addition, particular Acts provide for the jurisdiction of the High Court, federal courts and State courts in particular matters. [More…]
Section 35 of the Act deals with appeals from State supreme courts to the High Court. [More…]
It provides for appeals as of right to the High Court in cases defined in terms of a money value of $3,000 and upwards, and in cases involving the status of persons under laws relating to aliens, marriage, divorce, bankruptcy and insolvency. [More…]
In certain other cases, an appeal lies by leave of the High Court or the State supreme court concerned. [More…]
Otherwise, an appeal lies only by special leave of the High Court. [More…]
An appeal lies to the High Court from any State court exercising federal jurisdiction where an appeal would lie to the State supreme court and, in other cases, the High Court may grant special leave to appeal from a State court exercising federal jurisdiction. [More…]
The High Court is empowered to order the removal into the High Court from a State court of any proceedings involving constitutional issues. [More…]
Where a constitutional issue before a State court involves an inter se question, it is automatically removed into the High Court. [More…]
Because section 40 a operates automatically in cases involving inter se questions it can cause inconvenience and sometimes can cause insignificant constitutional and other questions to be sent to the High Court. [More…]
Under the present provisions the High Court may, on an application by a party to the proceedings, remit a matter before it to a State court for trial. [More…]
The principal changes the Bill would make to that scheme are as follows: The relatively low limit of the money value defining appeals as of right from State Supreme Courts to the High Court, $3,000, which was fixed in 1955 and the right of appeal from lower State courts exercising federal jurisdiction mean that matters of lesser significance can come before the High Court. [More…]
The provisions of the Judiciary Act, sections 38a and 40 a, giving the High Court exclusive jurisdiction in matters involving inter se questions- except in criminal matters- and ensuring automatic removal of inter se questions from State courts into the High Court would be repealed. [More…]
The provisions for removal of constitutional issues to the be High Court by order of the High Court are to extended to federal and Territory courts as well as State courts. [More…]
A new provision is to be inserted requiring notice to be given to the Attorneys-General of the Commonwealth and the States of proceedings involving constitutional issues in courts other than the High Court. [More…]
A new provision is to be inserted empowering the High Court to order removal into the High Court of a matter of federal jurisdiction from another court. [More…]
This will enable important questions of federal law to be decided directly by the High Court without having to go through the trial in the other court and an appeal to the High Court. [More…]
The provision for remittal by the High Court of matters to State courts for trial is to be extended in 2 ways. [More…]
The High Court is to be given power to remit a matter of its own motion. [More…]
A new provision is to be inserted giving a barrister or solicitor who is on the High Court Roll and entitled to practise in a federal court a right of audience in any State court exercising federal jurisdiction. [More…]
The general effect of the changes will be to provide some relief to the High Court, by restricting the appeals that come to it as of right and enabling it to remit to other courts for trial matters commenced in the original jurisdiction of the High Court. [More…]
It will provide a firm and more appropriate framework within which the High Court and other courts can operate in the future. [More…]
Furthermore, the provision that an appeal does not lie as of right to the High Court directly from a single judge of the State Supreme Court or from a lower court of a State will give greater authority to the State Full Courts and Courts of Appeal. [More…]
If he is not attacking His Excellency the Governor-General or the Chief Justice of the High Court, he is attacking Medibank. [More…]
Eventually a judge of the Ugandan High Court found that the Americans had been murdered by Ugandan soldiers. [More…]
I want to make the clear point as was made by the Rae report that there is constitutional power, confirmed by the High Court in the concrete pipes case which was the subject of a decision reported in volume 124 Commonwealth Law Reports at page 468. [More…]
I should point out to honourable members that the salaries payable to High Court judges pursuant to the Bill are only marginally above those paid to supreme court judges in New South Wales and Victoria. [More…]
The circumstances contemplated are where the Chairman dies; being a Judge of a Federal Court, other than the High Court, or a Territory supreme court, retires as such a judge; or retires from an office which entitled him to the status of a justice or judge of one of those courts. [More…]
In order to ensure that it is always interpreted as having the meaning that suits their vested or sectional interests, they will see that appointments to the High Court of Australia are always carefully vetted. [More…]
Finally, is it a fact that the High Court decision on the Seas and Submerged Lands Act repudiated State sovereignty offshore? [More…]
The High Court has held that sovereignty over the territorial sea, the continental shelf and the seabed of the territorial sea attaches to the Commonwealth as was asserted in the Seas and Submerged Lands Act. [More…]
At the same time the High Court has said that the States have power to pass laws for the peace, order and good government of the States which operate beyond low water mark and therefore in the territorial sea and perhaps beyond, depending on whether they are for the peace, order and good government of the State. [More…]
The attitude of the Australian Government, of course, has been that the High Court decision has determined the question of sovereignty in relation to the offshore areas. [More…]
This time they had the active support of the Chief Justice of the High Court of Australia, a man who had been an Attorney-General in a Liberal Government. [More…]
To act in the manner he chose, Sir Garfield Barwick had to ditch the convention that the Chief Justice of the High Court must not give secret advice to the Governor-General on a matter calling for an interpretation of the Constitution which could involve political partisanship. [More…]
It went completely against the judicial convention that the Australian High Court has no advisory role, and certainly no single justice of the Court should tender advice on a matter which may come before the Court. [More…]
Is it not an extraordinary coincidence that, while Sir Garfield Barwick was walking around the High Court wishing that he had the power to sack the then Prime Minister in September last, the present Prime Minister had already worked out the precise legal formula which the Governor-General and the Chief Justice were to endorse exactly 8 weeks later? [More…]
-The House will know that a claim has been made by air traffic controllers for a 75 per cent wage increase, consequent upon a High Court decision that they say increases thenresponsibilities. [More…]
The fact of the matter is that the High Court judgment on the Seas and Submerged Lands Act, which was deferred until 17 December 1 975, clearly established once and for all that the Australian Government has sovereignty over the seabed, superjacent waters and air space. [More…]
The Attorney-General also would realise that the High Court decisions of 1916 and 1921 are based on the principle that the executive powers of the Commonwealth can be exercised only by Commonwealth Ministers and by officers of the Commonwealth and that under no circumstances can a State Minister of the Crown, such as a State Minister for Mines, be considered an officer of the Commonwealth, as he answers to a State parliament- and the same applies to a State public servant. [More…]
The refinements of the consequences of the High Court decision are being examined by the Attorneys-General of Australia, and no doubt that Act will be looked at in that respect Export permits are being given and farm-ins are being allowed. [More…]
However, I would remind the honourable member that since I wrote to him the validity of certain statutory provisions on which these entitlement calculations were made has been challenged in the High Court, in an action wherein the plaintiff seeks a declaration that sections lA and 10 of the Representation Act 1905 are invalid. [More…]
As the relevant sections of the Representation Act 1905 are the subject of a High Court writ, it would not be appropriate to make calculations of this nature. [More…]
What the shadow Attorney-General was saying, in fact, was that not only ought a government to ignore the Parliament but also that it ought to control circumstances so that Executive Council would give no protection ultimately to the people of Australia; that it also would be run over and that presumably the High Court action, which would clearly declare the decision of the Government to be unlawful, would also be ignored. [More…]
We recognise the difficulties that now flow from the problems enunciated by the High Court in the decision in Farrelly v. Family. [More…]
Filing fees are payable in almost all jurisdictions- in the local courts or magistrates’ courts, in the Supreme Court, in the High Court. [More…]
There is one school of thought which has been upheld by the High Court, namely, that Family Court proceedings are adversary proceedings. [More…]
Of course the High Court has spoken and I would assume that the particular judge would take note of what the High Court has said. [More…]
It flowed from a High Court decision as to our constitutional powers. [More…]
Matters relating to Mr Ignazio Salemi are the subject of action before the High Court. [More…]
The honourable member for Hughes referred to the irresponsible statement that was made by the Victorian Opposition Leader, Mr Holding, when he suggested that the Victorian Government take the Commonwealth Government to the High Court over the Commonwealth action in relation to the Albury-Wodonga area development agreement. [More…]
Yesterday we had the spectacle of the Prime Minister (Mr Malcolm Fraser) stating in Parliament-again he was dealing with comments made by the honourable member for Kingsford-Smith- that a High Court action could clearly declare to be unlawful the decision of an Australian Government which had voted itself Supply to continue in office. [More…]
That is in section 53 of the Constitution, the opinion of the Governor-General and of the Chief Justice of the High Court of Australia notwithstanding. [More…]
The High Court- let us be quite frank about it- has deliberately had to strain the meaning of the English language to the limit to make sure that the Australian nation could grow in strength and function. [More…]
There is no doubt whatever that the Senate’s use of those powers would be upheld by the High Court. [More…]
Therefore, so far as the Convention was concerned and so far as the High Court is concerned, the Senate has an unequivocal role to reject or delay any legislation as it chooses. [More…]
I think he would have been far wiser if he had taken solace in the research department of the Parliament Library and the Solicitor-General, rather than in the Chief Justice of the High Court. [More…]
I refer to legislation passed earlier this year titled the Customs Amendment Bill, which adopted the Brussels definition of value, following High Court decisions which the Minister said eroded values. [More…]
On 1 December 1975, however, in Attorney-General for Australia (at the relation of McKinlay) v. Commonwealth of Australia the High Court held that the census was usually irrelevant to the calculation of the number of seats in this House. [More…]
The High Court pointed out on 1 December that the Constitution does not mention the census, and that the reference to the census is contained in an Act which states that the holding of the census will be on a date fixed by regulation. [More…]
Accordingly, the High Court pointed out that the latest statistics of the Commonwealth must be adopted. [More…]
The High Court also ruled on I December last that there should be a redistribution in any State where the latest statistics of the Commonwealth show that there should be a variation of the number of members representing that State in this House, and that that distribution should take place in the ordinary life of a Parliament. [More…]
Whether one looks at the Constitution as interpreted as recently as 1 December or at the statute as it stands and has not been invalidated by the High Court there must be a distribution in the 5 mainland States. [More…]
I raise this matter because I want to refer to the Minister for Immigration and Ethnic Affairs (Mr MacKellar) the reported remarks of Mr Justice Gibbs in the High Court to the effect that amnesty should have been granted to this gentleman, an Italian journalist whose deportation the Minister has ordered. [More…]
Osborne v. Commonwealth, reported in 12 Commonwealth Law Reports at page 321 indicated that section 53 was not justiciable and, if it was justiciable, of course there would be no reason for a Governor-General to intervene because the High Court had the power. [More…]
We have a further sellout looming at present despite the fact that after 2 years of obstruction by the then Opposition with its majority in the Senate we were finally able to establish, through the High Court of Australia, the fact that offshore hydrocarbons and minerals were the exclusive property of the people of Australia. [More…]
However, in 1975 the New South Wales Government initiated action in the High Court restraining the Registrar General from registering on the title the transfer of the land. [More…]
The matter is still before the High Court awaiting resolution. [More…]
The purpose of this Bill is to seek the approval of the Parliament to an Agreement between the Commonwealth of Australia and the Republic of Nauru that would allow appeals to be brought to the High Court from certain classes of decision of the Supreme Court of Nauru. [More…]
Under the legislation that was in force in the former Trust Territory of Nauru an appeal lay to the High Court, by leave of that Court, from the judgments, orders and decrees of the then Court of Appeal. [More…]
In the course of negotiations that preceded the independence of Nauru, the Nauruan leaders expressed a wish that provision be made for appeals to the High Court from certain judgments of the Supreme Court of Nauru that was to be established under that constitution. [More…]
The Government is happy to accede to the desire of the Nauruan leaders and so to enter into the arrangements necessary for a suitable scheme for appeals to the High Court. [More…]
The Bill represents a novel and significant step in that for the first time the High Court will function as a final court of appeal from the Supreme Court of another independent sovereign country. [More…]
In this case the Nauruan Government took, as I have explained, the initiative in seeking to have the High Court serve as the final appellate court of Nauru. [More…]
We see that as an expression of confidence in the capacity and impartiality of the High Court. [More…]
We have had, of course, to consider the source of constitutional power to enable the Parliament to enact the legislation and to confer the jurisdiction on the High Court. [More…]
The High Court has held that it may have conferred on it appellate jurisdiction other than from the State courts, so long as there is a proper source of power for the Parliament to enact the legislation conferring the jurisdiction. [More…]
A line of decisions has established that the High Court may hear appeals from Territory courts. [More…]
That is to say, the High Court, can be given judicial duties beyond the matters set out in ss. [More…]
Later clauses provide for appeals to lie and applications for leave to be made to the High Court under the Agreement. [More…]
The necessary jurisdiction is to be vested in the High Court in respect of those matters. [More…]
The High Court will be empowered to make Rules of Court for procedure in matters coming to it from Nauru. [More…]
Clause 10 deals with the appearance of a party before the High Court, either personally or by a representative. [More…]
That representative may be a legal practitioner of the High Court or of the supreme court of a State or Territory, or may be a barrister and solicitor of the Supreme Court of Nauru. [More…]
If an appeal is made in a criminal matter by a person who is required to serve a sentence of imprisonment imposed by a court of Nauru, that person cannot appear personally in the High Court. [More…]
The preamble notes the previous arrangements that formerly applied in regard to appeals to the High Court and the Nauruans’ desire to maintain those arrangements. [More…]
Article 1 sets out the nature of matters in which appeals are to lie to the High Court and is careful to allow appeals as of right against the specified classes of decisions of the Supreme Court when acting in its original jurisdiction. [More…]
Under Article 2 appeals would not come before the High Court in matters that are appropriate for final decision in Nauru. [More…]
The right of the Commonwealth to make direct grants to local government has since been upheld by the High Court in the Australian Assistance Plan case. [More…]
It was a principle which was challenged in the High Court after the 1974 Budget appropriations for the Australian Assistance Plan by the Victorian Liberal Government. [More…]
The New South Wales and Western Australian Liberal Governments intervened before the High Court in support of that challenge. [More…]
I should add that the High Court decision in the Australian Assistance Plan case makes it plain that the Constitution does not now have to be altered to permit grants by this Parliament directly to local government bodies. [More…]
As in all challenges to my Government’s legislation in the High Court, the legislation was upheld. [More…]
The High Court upheld that procedure. [More…]
A constitutional challenge was brought by certain States and the High Court of Australia ruled that the Australian Government could make direct grants to local government. [More…]
He first became associate to Sir Frank Kitto in the High Court, and later to Sir Owen Dixon. [More…]
A couple of weeks ago the Australian Labor Party set up a committee and apparently that committee has said that there was nothing improper in a Justice of the High Court advising the Governor-General. [More…]
In 1939 Mr Justice Evatt, while still a Judge of the High Court, wrote an article for the Canadian Bar Review in which he said: [More…]
So there is another precedent from Mr Justice Evatt, a High Court Judge- a Labor Judge. [More…]
They were confident that on the present issue Mr McKell would be obliged to go beyond the usual practice of accepting his Ministry’s advice and consult the Chief Justice of the High Court (Sir John Latham) whether the Senate’s action on the bank bill provided legal grounds for a double dissolution. [More…]
Indeed, it responded by issuing a High Court writ. [More…]
In division 170.2.1, relating to the High Court travel expenses, including car hire for the Chief Justice, there is a reduction of $50,000.I assume that this is because cars are not going to be waiting around Admiralty House quite so much this financial year as they were last financial year. [More…]
Now, following the High Court ruling, we have State and Federal hearings. [More…]
Undoubtedly Mr Justice Evatt was a very great judge of the High Court, and we know that subsequently he became Leader of the Opposition. [More…]
That was quite clearly Mr Justice Evatt ‘s opinion, writing while he was a judge of the High Court. [More…]
The important thing to note is that he stated this opinion while he was justice of the High Court. [More…]
What a lot of cant it is, what a lot of humbug it is that a chief justice, like the present Chief Justice or Sir Samuel Griffith, should be attacked for giving advice on a matter like this while he was a justice of the High Court. [More…]
Of course, it is quite clear that at least four of the seven of the High Court Justices have said that the Senate has power to reject Supply. [More…]
At the same time there is a need to relieve the High Court of some of the work-load it now has in matters of federal and Territory law. [More…]
This need will be partly fulfilled by plans the Government has to ensure that State and Territory Supreme Courts will have exclusive original jurisdiction in some matters in respect of which jurisdiction has in the past been vested in the High Court. [More…]
Specifically, what is intended is that the original jurisdiction the High Court now has under such laws as taxation and industrial property legislation should be taken from that Court and vested exclusively in State and Territory Supreme Courts. [More…]
Since 1973, income tax appeals from the Commissioner of Taxation or the Board of Review have been vested in State Supreme Courts, but nothing was then done to remove from the High Court appeals of this kind under other taxation legislation. [More…]
Appeals from Territory Supreme Courts now lie directly to the High Court. [More…]
Besides adding to the work of the High Court, this is often inconvenient and expensive for Territory residents. [More…]
If, as is appropriate, this jurisdiction is to be taken from the High Court, there is now no existing federal court that is really suitable to serve as an appellate court, either from the Territory Supreme Courts or from State courts exercising federal jurisdiction in matters of special federal concern such as taxation, bankruptcy, industrial property and trade practices. [More…]
For example, common law actions in contract or in tort by or against the Commonwealth and its authorities will continue to be a matter for State and Territory courts, except to the extent to which the High Court has and exercises original jurisdiction, which cannot be taken from it under the Constitution. [More…]
The effect of these arrangements will be that, subject to the provision for appeals by special leave to the High Court from the full court of the new Court, the Federal Court of Australia will be the authoritative exponent of the law in the special federal matters and will thus ensure uniformity of interpretation of the law in important areas such as income tax and industrial property. [More…]
It will be recalled that at present an appeal in income tax matters lies from State courts to the High Court. [More…]
There is to be no appeal from the full court of the new Court to the High Court otherwise than by special leave of the High Court. [More…]
It might be noted that this provision for appeal to the High Court is more restricted than the provision for appeal from State Supreme Courts under the Judiciary Amendment Bill now before the House. [More…]
The more restricted nature of the appeal to the High Court from the Federal Court of Australia is to emphasise the role that the new Court will have as the exponent of federal law in the special areas of jurisdiction vested in it. [More…]
It is also a concession to the view that ultimately it may be necessary for this Parliament to provide that all appeals to the High Court shall be by special leave, whether from a federal court or a State court. [More…]
The High Court itself will be better able to concentrate on its role as a constitutional court and the final appellate court in Australia. [More…]
The High Court itself will be better able to concentrate on its role as a constitutional court and the final appellate court in Australia. [More…]
The Opposition is of the opinion that it should not be thought that we are retaining some vestige of neo-colonial power by saying that the High Court of Australia should be the court of appeal for the Nauruans. [More…]
As it has had the advantage in the past of being able to appeal to the High Court by leave, it obviously felt that it should continue to avail itself of those facilities. [More…]
The Bill itself virtually encompasses an Agreement made between the Government of Australia and the Government of the Republic of Nauru relating to appeals to the High Court of Australia. [More…]
In the preamble it recalls that immediately before Nauru became independent the High Court of Australia was empowered, after the leave of the court had been obtained, to hear and determine appeals. [More…]
It states that in the exercise by the Supreme Court of Nauru of its original jurisdiction there may be an appeal to the High Court of Australia in criminal cases as of right by a convicted person, in civil cases as of right against any final judgment, decree or order and, with the leave of the trial judge of the High Court of Australia, against any other judgment, decree or order. [More…]
Article 2 provides that in certain cases an appeal shall not lie to the High Court. [More…]
Pending the determination of an appeal from the Supreme Court of Nauru to the High Court of Australia, the judgment, decree, order or sentence to which the appeal relates is to be stayed, unless the Supreme Court of Nauru otherwise orders. [More…]
Orders of the High Court of Australia on appeals from the Supreme Court of Nauru (including interlocutory orders of the High Court) are to be made binding and effective in Nauru. [More…]
I emphasise that because I think it is a tribute to our own High Court to think that it has been and is still held in such high esteem. [More…]
To that extent it is important that we applaud the fact that other people have recognised the value of our High Court. [More…]
In the course of looking at the legalities of the situation it is interesting to look at how our own High Court, in dealing with cases which I think related more to Papua New Guinea, has been in a bit of a dilemma in the past as to whether its powers were virtually under section 122 of the Constitution or what is known as the external affairs power, which is placitum (xxix) of section 51. [More…]
While we understand that the High Court has its rights as well, we also applaud the fact that Nauruan independence is in no way affected. [More…]
We welcome the fact that in a post colonial situation we have reached that stage of maturity that we welcome the fact that the independent Republic of Nauru is seeking the High Court of Australia as its ultimate court of appeal. [More…]
That agreement provides for appeals to lie to the High Court from certain classes of decisions of the Supreme Court of Nauru. [More…]
It is noteworthy also that clause 7 of the Bill, in referring to the constitution of the court, provides that the High Court, when hearing an appeal or application for leave referred to in clause 5, is to be constituted as a full court of not less than 2 justices. [More…]
The Supreme Court of Nauru consists of a single Chief Justice and therefore it is appropriate to ensure that appeals or applications to appeals from his decisions are determined by at least 2 justices of the High Court. [More…]
Clause 8 refers to the judgment of the High Court and sets out the nature of the judgment - that the High Court may. [More…]
I think the nature of that judgment is set out in sufficiently wide terms in clause 8 to enable the High Court to express its judgment in any form which is appropriate to a particular case before it It is not a rigid situation and it is not a matter of saying that what prevails in Australia is necessarily appropriate for Nauru. [More…]
Subject to this clause, subclause ( 1 ) enables a party to a proceeding to appear personally, or to be represented by a practitioner of the High Court of Australia or the Supreme Court of a State or Territory, or by a barrister and solicitor of the Supreme Court of Nauru. [More…]
I do not wish to repeat what was said by the Attorney-General in his second reading speech; suffice it to say that the substantive clauses of the Bill vest jurisdiction to hear and determine appeals and applications that come within the scope of the agreement in the High Court and make appropriate provisions for relevant procedural matters. [More…]
The High Court has held that it may have conferred upon it appellate jurisdiction other than from State courts so long as there is a proper source of power for legislation conferring other jurisdiction. [More…]
The matters left outside the arrangements for appeal to the High Court are, for example, constitutional questions relating to Nauru, entitlement to sit in the Nauruan Parliament and land ownership. [More…]
This question of land ownership involves matters determined under the traditional Nauruan system and has nothing to do with matters considered ordinarily by the High Court of Australia. [More…]
When Nauru was a trust territory administered by Australia an appeal lay, as the AttorneyGeneral ‘s second reading speech described, from the then Court of Appeal to the High Court of Australia. [More…]
In that period there were no appeals from thethen Court of Appeal to the High Court and no reliable estimate of the volume of appeals to the High Court under the new arrangements is available. [More…]
I think it is fair to say that while there may be some initial interest, there is not likely to be a great deal of work arising for the High Court under this Bill. [More…]
If so, was the charge for the ticket on which he travelled made out to the High Court of Australia. [More…]
The amendments will give further legislative expression to the Government’s plans to establish the new Federal Court of Australia, to confer additional federal jurisdiction on State Courts, to relieve the pressure on both the original and appellate jurisdiction of the High Court and to provide added status to the Australian Capital Territory and Northern Territory Supreme Courts. [More…]
In other cases, where an appeal now lies from the Australian Industrial Court to the High Court by leave of the High Court, an appeal will lie from the Federal Court of Australia to the High Court. [More…]
The only way of reviewing those decisions at present is by way of prerogative writ in the High Court. [More…]
The High Court now has an extensive original jurisdiction in industrial property matters. [More…]
Appeals from decisions of the Commissioner of Patents and the Registrar of Trade Marks lie directly to the High Court constituted by a single justice. [More…]
Although State courts have jurisdiction to try actions for infringement of a patent or a registered trade mark, the revocation of a patent or the cancellation of registration of a trade mark on the ground of invalidity is a matter within the exclusive jurisdiction of the High Court. [More…]
Thus, if, in an action for infringement of a patent in a State supreme court, a counter-claim is made for revocation of the patent the proceedings are automatically removed into the High Court. [More…]
In addition, the High Court has exclusive jurisdiction under the Patents Act to extend the term of a patent or to grant a compulsory licence for the working of a patent. [More…]
The High Court will no longer have original jurisdiction in patents and trade mark matters, except to the extent that an action may be brought in the original jurisdiction of the High Court under section 75 of the Constitution. [More…]
Appeals now lie from the Commissioner of Patents and the Registrar of Trade Marks to the High Court in a number of matters that are primarily administrative in character and which do not involve questions of patent or trade mark law. [More…]
There is, for example, an appeal from the Commissioner of Patents to the High Court against a refusal of the Commissioner to grant an extension of time under the Patents Act. [More…]
Provision is, however, made for appeals by special leave of the High Court to lie direct to the High Court under the Income Tax Assessment Act and the Patents and Trade Marks Acts. [More…]
The High Court has original and appellate jurisdiction under a number of other Commonwealth Acts. [More…]
Bills will be introduced in due course to amend these Acts to transfer the original jurisdiction of the High Court to State and Territory supreme courts and to provide, in appropriate cases, for -appeals to the Federal Court of Australia. [More…]
In particular, the High Court still has original jurisdiction, concurrent with State and Territory supreme courts, to hear taxation appeals under the Estate Duty Assessment Act and the Gift Duty Assessment Act and exclusive jurisdiction in sales tax appeals. [More…]
Where an appeal is taken under these Acts from the Commissioner or a Board of Review to a supreme court, there is a right of appeal to the High Court. [More…]
The High Court is to be divested of the original jurisdiction it now has to hear taxation prosecutions under the Income Tax Assessment Act. [More…]
In addition, these courts will, as I have already said, have jurisdiction under the Patents and Trade Marks Acts, in matters in which original jurisdiction is now vested in the High Court, in respect of proceedings instituted by Territory residents or by companies having their principal place of business in a Territory. [More…]
The main changes to be made by the Bill are to clarify certain matters as a result of the decision of the High Court in the Seas and Submerged Lands Act case and to facilitate future changes in the Administrative Arrangements Order. [More…]
The need for the clause arises out of the decision of the High Court, in the Seas and Submerged Lands Act case, that the States end, generally speaking, at low water mark and do not include the territorial sea. [More…]
In December 1975 the Industrial Court called upon the parties in that case to bring forward schemes for the reconstitution of the Shop, Distributive and Allied Employees Association in accordance with section 17 ID of the Act but the national president, Mr Maher, challenged the constitutional validity of that section in the High Court. [More…]
Because of the High Court action the schemes for reconstitution were not brought forward. [More…]
It is important to note that the High Court upheld the validity of section 171D so what the Government is now doing is to alter something which was the product of a royal commission and which was upheld by the High Court. [More…]
The High Court having upheld the constitutional validity of that section the Industrial Court could now order elections of whatever type it thought appropriate if it so decided. [More…]
We have a High Court to arbitrate when legal disagreements arise between the Federal Government and the States. [More…]
My understanding is that before his appointment to the High Court Mr Justice Aickin held directorships in BHP Co. Ltd, Comalco Ltd, Mayne Nickless Ltd and P & O Australia Ltd. My understanding also is that he resigned his directorships before his appointment to the Court. [More…]
Justices of the High Court are not required to declare their financial interests. [More…]
It is not even certain that the High Court would uphold the validity of a law preventing newspaper investment in radio and television companies. [More…]
We now know that the High Court believes they are constitutional. [More…]
Basically, they relate to the fact that there should be an appeal to the High Court as of right in matters involving interpretation of the Constitution. [More…]
Where a decision of the Commissioner is involved there can be an appeal to the High Court by special leave. [More…]
As you know, Mr Deputy Speaker, the Constitution provides for an appellate jurisdiction of the High Court with such exceptions and subject to such regulations as the Parliament prescribes; that is under section 73 of the Constitution. [More…]
This creates restrictions that obviously the Attorney feels should be created because of what is deemed to be the excessive work of the High Court. [More…]
Nevertheless, the Judiciary Act amendment does indicate that there are to be major restrictions in matters of appeal which may be now brought as of right to the High Court from any State supreme courts and other State courts exercising Federal jurisdiction. [More…]
There is to be a repeal of provisions for automatic removal to and exclusive jurisdiction of the High Court in matters involving the limits inter se of the constitutional powers of the Commonwealth and the States. [More…]
There is to be complete revision of the subject of removal to the High Court by order of the High Court of cases commenced and pending in other courts, extending the power of the High Court to order such removal beyond the existing category of constitutional cases to cases in Federal or Territory courts and cases where a State court is exercising Federal jurisdiction, and giving the High Court increased power over the removed causes, increased powers or remittal of the whole or part back to the original court, and entirely new powers to direct the further conduct of the cause in the original court. [More…]
There is to be new power in the High Court of its own motion to remit other court cases commenced as of right in the High Court by virtue of the Constitution. [More…]
I am advised that this could be of some doubtful constitutional validity but since it is well known that the High Court has sought this power for some years it is thought that the High Court is unlikely to hold the new section invalid should there be any test of that position. [More…]
It is a bit unfair to suggest that because there is a sum of money related to quantum only the High Court is not going to be able to be involved unless special leave is obtained. [More…]
We are advised generally that at the present time section 38a of the Judiciary Act has the effect that only the High Court may decide questions as to the limits inter se of the constitutional powers of the Commonwealth and those of the States, and that present section 40a provides for automatic removal to the High Court of cases commenced in other courts which raise such a question. [More…]
The result will be that inter se questions may now be decided by other courts and although there will still be power in the High Court to order removal to the High Court of the whole of such a case or the inter se question, there will be no automatic removal. [More…]
We are suggesting, of course, in our amendment that the High Court still be the major court for the interpretation of the Constitution and there be an appeal as of right in all matters relating to the interpretation of the Constitution. [More…]
The present section 45 of the Judiciary Act permits the High Court, on the application of a party, only to remit to a State court having jurisdiction in any matter any cause orginally commenced or pending in the High Court. [More…]
It is chiefly relevant to the class of case set out in section 75 of the Constitution, which confers absolutely on the High Court jurisdiction in this class of case, which jurisdiction the Parliament has no power to take away. [More…]
It appears to be doubtful because it does, it is suggested, subvert the intention of section 75 of the Constitution by permitting for the first time the High Court of its own motion to remit to another court any cases commenced in the High Court under the Constitution or under Commonwealth legislation. [More…]
Thus it is now up to the High Court to decide whether it will hear a case which otherwise it must have done under the constitutional legislation. [More…]
We propose to do that for the very simple reason that we feel that the High Court of Australia should be the one court in Australia dealing with the Constitution and its interpretation. [More…]
I think that a summary of the situation really comes down to looking at what the Judicial Amendment Bill is doing in restricting appeals to the High Court of Australia. [More…]
We feel that the High Court should not have this restriction by way of being able to suggest that it will not deal with matters. [More…]
There will have to be an intermediate appeal first to a State appeal court or an application for special leave to the High Court, even though the case is of a kind that might inevitably go to the High Court. [More…]
As has been said, we may fairly guess that it will be extremely difficult to obtain from the High Court special leave to appeal direct from a single judge of a State Supreme Court. [More…]
This category of appeal is probably the largest of those which now go to the High Court as of right. [More…]
Appeal by special leave of the High Court is only granted, firstly, as to all other Supreme Court judgments and, secondly, as to all judgments of other State courts exercising Federal jurisdiction. [More…]
The result of the above will be, as I understand it, to move the High Court very close to the position of the Supreme Court of the United States of America, in which that court can pick and choose which cases it will hear. [More…]
This new right probably will be necessary when the other measures which are the subject of this cognate debate are removed from the High Court to the specialised areas of Federal jurisdiction. [More…]
One of the examples given to me is the announced proposal to remove from the High Court the present jurisdiction in industrial property matters, such as patents, trade marks and designs, and to invest such jurisdiction in State courts. [More…]
I am reminded that at present 99 per cent of the patent cases are dealt with in the High Court. [More…]
That might be a very good reason why the High Court feels that it should be removed of the burden. [More…]
I have not yet seen the amendment proposed by the Opposition relating to appeals as of right to the High Court in matters affecting the interpretation of the Constitution. [More…]
The Bill restricts to some extent appeals to the High Court. [More…]
Those courts can better do this at a decentralised level than can the High Court. [More…]
The High Court has to travel throughout the country and is available only periodically in the different capital cities. [More…]
Those Courts also involve less cost to the citizen who otherwise has to arrange for his case to be heard in the High Court, sometimes with extra delays and with attendant costs, or alternatively the citizen may have to go to the High Court in any case because the opposing party may appeal to the High Court from a State Full Court or a Court of Appeal decision. [More…]
One of these relates to an increase in the monetary sum necessary before an appeal may be brought to the High Court. [More…]
I do not cavil at that provision as such but this would have been a good opportunity for the Government to adopt a new approach to appeals to the High Court and to avoid the excessive accent upon property which our system of law has traditionally provided. [More…]
I would have thought it would be better to provide a right of appeal to the High Court at least in those cases of serious crime such as murder or rape, or other serious crimes, or at least in cases where a very heavy penalty was provided under the section or had been imposed. [More…]
The situation now is that it is easier to go to the High Court as of right if a mere $20,000 is involved in a case than it is if a person has been sentenced to 10 years ‘ imprisonment. [More…]
Whilst I appreciate that limits must be applied for practicality, at least in regard to the most serious offences or in regard to cases in which a very heavy sentence has been imposed, I believe there should be an appeal as of right to the High Court. [More…]
I believe the Bill might well have included a provision for appeal in special circumstances as of right to the High Court in those matters involving substantial detriment to the liberty of the subject. [More…]
If there is to be a rule that we want to cut out appeals on quantum of damages to the High Court, for the various sensible reasons that are proposed, why do we not have a restriction on the right of appeal on a ground that relates to the quantum of damages- full stop? [More…]
Subject to the other restrictions, an appeal to the High Court would lie where there had been a failure to follow proper principles of law in the assessment of the quantum of damages. [More…]
The provision entitles any barrister or solicitor who is on the High Court roll and entitled to practise in a Federal court to the right of audience in a State court while it is exercising Federal jurisdiction. [More…]
As late as 1962 the High Court said that efforts to define the word ‘special’ had broken down in may cases, We often have to rely upon the individual situation. [More…]
I think it is well known that it is almost impossible in the High Court to have an appeal on sentence only. [More…]
It is also very difficult to obtain special leave in the High Court in criminal matters. [More…]
I ask: Can the right of appeal to the High Court be taken away? [More…]
I ask that question because the judges of this court are officers of the Commonwealth just as judges of the Federal Industrial Court are officers of the Commonwealth and they are subject to the original jurisdication of the High Court under section 75 (5) of the Constitution. [More…]
He concedes that he was grasping at straws in respect of the measures we are now discussing, measures such as the power of the High Court to remit matters to other State courts and to Territory courts, and that such objections were not legitimate. [More…]
On the Federal scene which includes the High Court, the Australian Industrial Court, the Conciliation and Arbitration Commission, the Federal Court of Bankruptcy, the Family Court of Australia, the Supreme Court of the Australian Capital Territory, the Supreme Court of the Northern Territory, the Law Reform Commission, the Royal Commission into Australian Government Administration, the Royal Commission into Human Relationships, the Grants Commission, the Prices Justification Tribunal, the Trade Practices Commission and the Trade Practices Tribunal, there are a total of some 56 judges and 52 commissioners. [More…]
I find it amusing that the nation’s Prime Minister receives a salary that is $3,000 a year less than that of the Chief Justice of the High Court of Australia; that the nation’s Deputy Prime Minister receives less money than the judge who is second in charge of the Family Court; and that the nation’s Treasurer, the man who is supposed to come forward with all the answers to save the nation, receives a salary barely more than that of an ordinary Family Court judge. [More…]
Mention was made- I thought it was a little unfortunate- of Mr Justice McTiernan who has just retired from the High Court of Australia. [More…]
I can speak from experience of the hard work that he did as a justice of the High Court over a period of 40 years, for 20 years of which I appeared constantly before him. [More…]
An appeal shall not be brought to the High Court, after the commencing day, from a judgment of the Supreme Court of a Territory except in accordance with leave or special leave given by the High Court or the Supreme Court before the commencing day. [More…]
Except as otherwise provided by another Act, an appeal lies to the High Court by special leave of the High Court and not otherwise, from a judgment of a Full Court of the Court [More…]
The jurisdiction of the High Court under this section shall be exercised by a Full Court of the High Court consisting of not less than 3 Justices. [More…]
in accordance with special leave given by the High Court on or after the commencing day; or [More…]
b ) in accordance with leave or special leave given by the High Court or the Supreme Court before the commencing day. [More…]
(1) The jurisdiction of the High Court to hear and determine appeals from judgments of the Court whether in civil or criminal matters, is subject to the exceptions and regulations prescribed by this section. [More…]
“(5) An appeal shall not be brought from a judgment referred to in sub-section (4) on a ground that relates to the quantum of any damages in respect of death or personal injury unless the High Court has given special leave to appeal on that ground. [More…]
“(6) The jurisdiction of the High Court to hear and determine an appeal in accordance with this section shall be exercised by a Full Court of the High Court consisting of not less than 3 Justices. [More…]
Many of the fears I originally held in respect of the access of Tasmania and other outlying States to the High Court of Australia have been allayed. [More…]
In my respectful submission, it must be a fundamental principle that all persons in Australia have equal opportunities of access to the High Court of Australia, that Court being the highest court of appeal in the land. [More…]
I believe that it would be a morally untenable position for any government to tolerate that residents in one State had easy access to the High Court but residents in outlying States found it not only difficult but also an expensive and time-consuming process to get access to the High Court. [More…]
Many of the problems which have existed in the past have related to the need for litigants in States such as Tasmania and Western Australia in particular to travel to Melbourne or Sydney to make an application for leave to appeal to the High Court, frequently in cases in which to appeal to the Full Court of the State and then to appeal to the High Court could have meant a delay of up to 12 months or in one case up to 15 months. [More…]
I commend the Attorney-General because I believe that, flowing from the discussions which have taken place on this legislation, a more streamlined approach in regard to applications for leave to appeal to the High Court will be available. [More…]
In particular, I hope that the High Court will make it possible for a single judge to travel interstate and hear applications for special leave to appeal in the State from which the appeal originates rather than have the present expensive and archaic system whereby litigants have to travel at considerable expense from Western Australia, Tasmania and Queensland to Melbourne or Sydney to have their applications heard. [More…]
For example, in a case in which a man had a right to appeal to the High Court of Australia and also to the Full Court of the Supreme Court of Tasmania last year and chose to make an application to go direct to the High Court, the cost of the application for leave to appeal direct to the High Court, which he lost, was almost $3,000. [More…]
The point I am making is this: The High Court belongs to the people of Australia. [More…]
Within the next 5 years the High Court probably will move to Canberra. [More…]
I hope that, if the High Court does move to Canberra within the next five to ten years, it will not forget that there are people in other parts of Australia who will want access to that Court and might very well need assistance to get their matters brought on speedily. [More…]
I therefore ask the Attorney-General, although really it is a matter not for him but for the ChiefJustice of the High Court, to bear in mind that the Court since its inception for nearly three-quarters of a century, has travelled to every State in Australia. [More…]
I hope that Order 75 of the High Court Rules is looked at. [More…]
Anything that should be done must be done to provide equal access to the High Court of Australia for all Australians. [More…]
If the High Court of Australia becomes the domain of the rich who live in New South Wales and Victoria and if it becomes inaccessible to the poor who live in the more outlying and less populous States, it will cease to be the High Court of Australia. [More…]
I support the Bill but I record my earnest belief that the moment the High Court ceases to be accessible on economic grounds- that is from a financial point of view- to all Australians we will have succeeded in destroying the High Court. [More…]
Section 21 of the Principal Act is amended by omitting sub-section (1) and substituting the following subsection: ‘( 1 ) Applications for leave or special leave to appeal to the High Court from a judgment of another court may be heard and determined by a single Justice or by a Full Court and the Rules of Court may provide for enabling such applications to be dealt with, subject to conditions prescribed by the Rules, without an oral hearing. [More…]
Omit sub-section (4) and substitute the following subsection: “ ‘(4) An appeal shall not be brought from a judgment referred to in sub-section (3) on a ground that relates to the quantum of any damages in respect of death or personal injury unless the High Court has given special leave to appeal on that ground. ‘ [More…]
it appears to the High Court, at any time after the institution of the appeal, that no ground on which the appeal is brought requires the decision of a substantial question of interpretation of the Constitution, the High Court, may, without prejudice to any application for special leave of appeal, decline to hear the appeal further and strike out the appeal as incompetent, with such order as to costs as it thinks just. [More…]
In the course of my speech during the second reading debate I mentioned the necessity, in our view, to retain the High COUrt as the court in all constitutional matters. [More…]
I think it underlines the constitutional character of the High Court. [More…]
So if anybody dares to put in additional grounds simply for the purpose of getting an appeal, as of right, they will be severely dealt with by the High Court. [More…]
(1) The Attorney-General of the Commonwealth may, on behalf of the Commonwealth, and the AttorneyGeneral of a State may, on behalf of the State, intervene in proceedings before the High Court or any other federal court of any court of a State or Territory, being proceedings that relate to a matter arising under the Constitution or in which a question of interpretation of the Constitution is involved or arises. [More…]
(1) Where a cause pending in a federal court other than the High Court or in a court of a State or Territory relates to a matter arising under the Constitution, or in a cause pending in any such court a question of interpretation of the Constitution is involved or arises, it is the duty of the court not to proceed in the cause unless and until the court is satisfied that notice of the cause, specifying the nature of the matter or question, has been given by a party to the Attorney-General of the Commonwealth and to the Attorney-General of each State and a reasonable time has elapsed since the giving of the notice for consideration by those Attorneys-General of the question of intervention in the proceedings or removal of the case to the High Court “(2) For the purposes of sub-section ( 1 ), a court in which a cause referred to in that sub-section is pending- [More…]
According to the Bill before the Committee, the salary of the Chief Justice of the High Court will be $52,500 and of a justice of the High Court other than the Chief Justice will be $47,500. [More…]
Honourable members will see that High Court judges’ salaries are not very much different from those of the judges of the Supreme Court of New South Wales and I think of the Supreme Court of Victoria. [More…]
That is the society which was prepared to go to the High Court and challenge the validity of the Australian Legal Aid Office being established in Victoria. [More…]
In fact, of course, the major initiative of the Liberal Party and National Country Party during the establishment of the Legal Aid Office was to institute a challenge in the High Court of Australia with the fiat of the Victorian Attorney-General to seek to dismantle the Australian Legal Aid Office. [More…]
It is necessary that this be done from time to time because of certain decisions that arise in the community or interpretations by the High Court. [More…]
I notice that the Attorney-General referred quite properly in his second reading speech to the decision of the High Court in the seas and submerged lands case where it was clearly spelt out that there is constitutional authority for this Parliament to legislate in respect of the area deemed to be the territorial sea which is the sea commencing at low water-mark. [More…]
So this law operates properly to extend Commonwealth law into the coastal sea as defined and to ensure that it operates in a way which is complete as it was thought to operate before the High Court found that the territorial sea was an area over which the Commonwealth has sovereignty. [More…]
A whole new era of interpretation of that placitum began with the decision of the High Court in what is known as the concrete pipes case in 1971. [More…]
In overruling the earlier case of Huddart Parker v. Moorehead, the High Court made it abundantly clear that section 5 1 placitum (xx.) [More…]
The High Court case of O’sullivan v. Noarlunga Meat Ltd, the second New South Wales airlines case and Redfern v. Dunlop Rubber gave the Commonwealth wide powers over trade and commerce. [More…]
The intelligence of the High Court is now coming strongly to our aid as a result of the concrete pipes case clearly indicating that we must not be too narrow and confined in our interpretation of those words drawn by the founders of the Constitution. [More…]
As the Minister knows from dealing with this sort of matter, when we involve ourselves in interstate and intrastate interpretations we can get into what is called an impossible dichotomy between State and State and States and the Commonwealth, and the High Court has been trying to work out what finer points can develop from such a dichotomy. [More…]
I am fortified in this endeavour by the more recent decisions of the High Court on how we can effectively deal with corporate legislation. [More…]
The High Court was created to concern itself with any matter or any irregularity in the Constitution. [More…]
That is why at the present time the Opposition has never brought any case against the Governor-General or the Chief Justice of the High Court. [More…]
It tried to have the Chief Justice of the High Court impeached. [More…]
To three applicants to enable them to appeal to the High Court of Australia against a ruling of the Australian Industrial Court on the question of the onus of proof under section 45 (2) of the Act [More…]
In this regard I might mention High Court judges who can retire on very substantial emoluments to which they have not had to contribute but a few of them have stayed around until they were nearly 90 years of age. [More…]
Instead they have proceeded to campaign and have even gone to the extent of instituting High Court proceedings to try to force the Government to adhere to what they consider was an agreement entered into by the previous Liberal Government, not even by the previous Labor Government. [More…]
Following that, relations between the Pharmacy Guild and the previous Government deteriorated until the Guild was about to issue a High Court writ in November last year. [More…]
The High Court writ was, I believe, about to be filed on 1 1 November last year- that Remembrance Daybut because of the events of 1 1 November last year the High Court writ did not proceed. [More…]
Because of the events that flowed after 11 November, the High Court writ was subsequentially issued. [More…]
Discussions continued and because of the success of the negotiations that took place an undertaking has been given by the Pharmacy Guild that once the legislation has been passed by both Houses, it will withdraw that High Court writ. [More…]
Western Australia does have legislation, but the validity of this legislation has been contested before the High Court. [More…]
Should the relevant High Court judgment be handed down in the meantime, the Bill will be reviewed in the light of that judgment. [More…]
Following the High Court’s decision in Russell v. Russell on the Family Law Act, the Standing Committee of Commonwealth and State Attorneys-General considered the question of uniform State and Territory legislation in the areas of matrimonial property and also maintenance and custody of children to the extent not covered by the Family Law Act. [More…]
to a conservation trust for an appeal to the High Court in relation to the prevention of prospecting within a rare wilderness area; [More…]
to a conservation group to pursue action in the High Court of Australia to ensure that procedures under the Environmental Protection (Impact of Proposals) Act 1974 were fully implemented. [More…]
to a conservation organisation to oppose, firstly, in a Mining Wardens Court applications for sandmining leases, secondly, to pursue Supreme Court proceedings to a writ of mandamus to require the Mining Warden to hold a proper hearing; and thirdly, when the writ was refused, to appeal successfully to the High Court of Australia; [More…]
that section 78 of the Judiciary Act does not apply to an applicant for special leave to appeal to the High Court. [More…]
He also disagreed with the view of McTiernan J. that section 78 only provides a rule of practice and as such is subject to the power conferred on the Justices of the High Court by section 86 of the Judiciary Act to make rules of court regulating the practice and procedure of the Court. [More…]
It is not appropriate for the AttorneyGeneral to express an opinion, in an answer to a Parliamentary question, on the legal merits of the particular decision of the High Court. [More…]
Having regard to the decision of the High Court in the case referred to, it must be taken that, as a matter of law, section 78 of the Judiciary Act does not confer on an applicant for special leave to appeal to the High Court a right to be present personally in the Court and to argue his case on the application for special leave. [More…]
A decision also is pending by the High Court of Australia on a challenge based upon the way in which quotas are fixed for determining the numbers of electors in electorates. [More…]
The case before the High Court will determine whether people in the Territories are to be taken into account in determining the quota of electors for fixing the size of electorates. [More…]
Honourable members will no doubt be aware of the West Australian Maritime Archaeology Act 1973 and the challenge to its validity now before the High Court. [More…]
Records of the proceedings of the Western Australian Court of Petty Sessions, the Supreme Court and the Criminal Court and more recently the High Court of Australia leave no doubt about who is the plunderer whose activities have made the Western Australian and Commonwealth laws to protect the historic shipwrecks necessary. [More…]
1078 that a warrant was issued by the High Court Registry, Sydney, for Mr Richard Cobden to travel from Canberra to Sydney to attend and record the discussions at a meeting at the High Court, Darlinghurst, of a small group formed by the Chief Justice to advise the Chief Justice on works of an for the High Court building being erected in Canberra. [More…]
Four other meetings have been held, three at the High Court, Sydney, on 22 August 1975, 2 July 1976 and 10 September 1976 and one at the High Court building site, Canberra, on 25 November 1 976. [More…]
The Commonwealth regards the question of sovereignty over Australia’s offshore areas as having been determined by the High Court in the Seas and Submerged Lands Act case. [More…]
Now that the High Court has declared for the second time that certain sections of the Representation Act are null and void and that the original sections of the Constitution still apply, and since there are no proposed referendums to alter those sections, what steps has the Government taken to determine the number of members in this House to which each State is entitled and to undertake the redistribution of electorates which the High Court has declared must take place in the lifetime of this Parliament? [More…]
Mr Speaker, has your attention been drawn to the High Court judgment in MacKellar’s case? [More…]
It also should be acknowledged that during those years and during the subsequent year the High Court of Australia practically never declared invalid any of the legislation they drafted. [More…]
The third proposes to amend the Constitution so as to provide for a maximum retirement age for justices of the High Court and of other Federal courts. [More…]
Nevertheless from the introduction of proportional representation in 1949 until the vacancy caused by Senator Murphy’s appointment to the High Court in 1975 the practice was observed of filling casual vacancies by the appointment of a person belonging to the same political party as the former senator. [More…]
The purpose of this Bill is to amend the Constitution so as to provide for a maximum retirement age for justices of the High Court and of other Federal courts. [More…]
Section 72 of the Constitution provides for justices of the High Court and of other courts created by the Parliament to be appointed by the Governor-General in Council and it provides that they are not to be removed, except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session praying for such removal on the ground of proved misbehaviour or incapacity. [More…]
As long ago as 1918, the High Court held in Alexander’s case that section 72 requires that every justice of the High Court and every justice of any other court created by the Commonwealth Parliament, and indeed every magistrate so appointed, shall, subject to the power of removal contained in that section, be appointed for life. [More…]
It has, in consequence, been generally accepted that justices of the High Court, and other Federal judges including magistrates, cannot be required to retire on reaching a specified age. [More…]
This includes seven on the High Court, 19 on the Federal Court of Australia and 27 on the Family Court of Australia. [More…]
The Senate Committee’s recommendation drew a distinction between justices of the High Court and judges of other Federal courts. [More…]
The Committee considered that the Constitution itself should provide that High Court justices be required to retire on reaching the age of 70 years and that Parliament should be empowered to fix the maximum retirement ages of other Federal judges subject to a constitutional limit of 70 years. [More…]
In observing this distinction the amendment contained in this BUI recognises the special position of the High Court as the Federal Supreme Court created by the Constitution and vested with the power to interpret the Constitution and, one hopes, soon with ultimate appellate power in this country. [More…]
It also recognises that the same considerations do not necessarily apply in the case of judges and magistrates in courts other than the High Court and that the position in regard to those other courts may well vary from court to court. [More…]
The second safeguard is that, even though under the proposal this Parliament wil be authorised to fix the specific retiring age forjudges of federal courts other than the High Court, a judge once appointed will have a constitutionally guaranteed tenure to the retiring age that was applicable to his office at the time of his appointment. [More…]
-Last night the Attorney-General stated that the Constitution Alteration (Retirement of Judges) Bill recognises the special position of the High Court of Australia as the federal supreme court created by the Constitution and vested with the power to interpret the Constitution and, one hopes, soon with ultimate appellate power in this country. [More…]
Government supports the view that the High Court should become the ultimate court of appeal in the country, it regards the question whether appeals to the Privy Council should be abolished or terminated as a matter for each State. [More…]
Regarding Judges, are we to say it is acceptable for Mr Higgins, MHR, or Mr Isaacs, MHR, or Sir Garfield Barwick, MHR, to be appointed to the High Court, or Mr Latham, MHR, to resign with the prospect of being appointed on the High Court, or Mr Joske, MHR, or Mr Nigel Bowen, MHR, to resign to be appointed to other courts, but worthy lawyers in the Senate are never to be appointed to the High Court? [More…]
I thought that Senator Spicer was an admirable appointment as the founding Chief Judge of the Australian Industrial Court and that Senator Murphy would prove to be the Oliver Wendell Holmes Junior of the Australian High Court. [More…]
The third referendum Bill proposes to amend the Constitution to provide a maximum retirement age for justices of the High Court and of other Federal courts. [More…]
This might not have been regarded as a matter of great moment when the judges affected consisted only of those on the High Court, of whom there have never been more than seven, or even when the first Federal court, the Federal Court of Bankruptcy, was appointed. [More…]
It is one of those matters in which the position could be altered by a change in opinion on the High Court. [More…]
High Court and Federal judges hold office for life because of a decision given in 1918 that because at the time our Constitution was drawn up judges in England held office for life, therefore, judges mentioned in our Constitution, which is a British Act of Parliament, held office for life. [More…]
The High Court could alter its interpretation. [More…]
I would imagine that there can be no rational opposition to High Court justices and other Federal justices having a retiring age, as all other judges in Australia have long had, applied to them. [More…]
On 17 October 1975, in the case of WA v. the Commonwealth, the High Court by a majority rejected suits against the Commonwealth brought by Western Australia and New South Wales challenging the validity of the Federal electoral legislation, and by Queensland seeking a declaration that the Senate (Representation of Territories) Act was beyond power. [More…]
I have mentioned the desirability of amending the Constitution to permit this Parliament to set a retirement age for future federal judges, other than the justices of the High Court, and to make constitutional provision for retirement at 70 years of age for justices of that court. [More…]
There is no way that the High Court can interpret the present Constitution to permit the changes sought by these other 3 Bills. [More…]
I realise that the High Court has usually been more readily persuaded to allocate legislative powers between the Federal and State legislatures. [More…]
Of course many people over that age can still have full possession of their mental faculties, but the incredible record of longevity of members of the Federal judiciary read out by the Leader of the Opposition indicates that normally on retirement members of the High Court and other Federal courts have been considerably older than people in other professions. [More…]
We should realise first that no change is to be effected on any present incumbent of the High Court or other Federal courts. [More…]
It is necessary that we recognise that neither this Bill nor the acceptance of this question at a referendum will in any way affect the incumbency or term of office of those who are currently Federal court judges or High Court judges. [More…]
Nor will it affect the appointment and continuation in office of any present incumbent of Federal courts or the High Court subsequently appointed to a more senior position either by transfer from a Federal court to the High Court or elevation from the Federal courts or the High Court to the position of Chief Justice. [More…]
The judges of the High Court have a great responsibility in safeguarding the Constitution as worn out and as outmoded as it is. [More…]
They are not immune from the geriatric process of mental decay and accordingly it follows that there must be some intelligent appraisal by the Australian people of whether we think sixty, sixty-five or seventy should be the age at which the man or the lady- it could well be a lady on the High Court- should retire. [More…]
But I am anxious to make the point that perhaps this could have been done by the High Court itself by having another look at Alexander’s case which seemed to have the doubtful distinction of having been decided by people who in fact had written the Constitution themselves and that often involves some personal motive in respect of what they think would be best for themselves. [More…]
It does not always help the nation or the High Court, for that matter, to be saddled with a stack of words which in many cases have no real application. [More…]
The High Court quite fairly has had to make interpretations but it is about time that we allowed the Australian people again to have a good look at where we are going as a nation. [More…]
Lastly, the referendum proposal will contemporise the High Court of Australia and the Federal Court of Australia by legislating for an earner retirement of judges, which must in turn lead to the appointment of younger judges. [More…]
We will again give the people the opportunity to face up to their constitutional responsibilities rather than do what governments and people of this country in fact have done since federation, that is, to rely upon the High Court for any meaningful constitutional change by way of High Court interpretation rather than changing the Constitution by way of referendum. [More…]
I know that they have drawn these conclusions from reading certain extracts from recent High Court judgments. [More…]
Any citizen of the Northern Territory- and certainly the AttorneyGeneral could appeal to the High Court against any decision of this Parliament regarding conditions that it may attach to Northern Territory statehood which the Northern Territory itself believed was arguable against in the High Court. [More…]
There is no guarantee that the High Court would not uphold that appeal. [More…]
Subsequently there ought to be a referendum to solve some of the difficulties that may come about by the recent High Court decision involving representatives of the Territories in the lower and upper Houses. [More…]
I do not believe that the basis for the legislation is the diminished power, knowledge or capacity of present or even past High Court judges. [More…]
I would also urge that we give consideration, in view of the importance of the High Court and in view of its present role in our society, to what I believe is an overdue change in its name. [More…]
I believe the High Court of Australia has a very high standing throughout the world. [More…]
I would have thought that if legislation had been passed rather than having the matter decided by referendum the High Court at this stage might have reversed its earlier decision which was made at a time when a different set of criteria existed. [More…]
I think it is very appropriate that this BUI should come forward now particularly in view of the recent High Court decision which stated in a ruling about the relationship between the number of electors and the number of seats in the House of Representatives that the people in the Territories could not be regarded as people of the Commonwealth. [More…]
This is a most difficult ruling to understand but the learned gentlemen of the High Court made that ruling for the purpose of arriving at the number of seats for each State in the House of Representatives. [More…]
I have some doubt, of course, that it would be accepted by some members of the High Court. [More…]
I must commend the Speaker on the very wise ruling he made yesterday and express our appreciation for it, even though we have been elected by people and we represent people who are regarded by the High Court as something less than Australian citizens. [More…]
While the acceptance of this proposition will remove one of the main obstacles to full citizens’ rights to Territorial citizens it will not remove the doubt cast on the validity of Territorial representation which was implied in the remarks of the Chief Justice in the recent High Court judgment. [More…]
The High Court of Australia- indeed the Chief Justice, Sir Garfield Barwick- has considered the question whether the Territories are entitled to elect senators. [More…]
The High Court almost suggested in its recent judgment on the MacKellar challenge that perhaps it might be wise for Queensland and Western Australia again to present a full challenge. [More…]
If a review is made of the earlier High Court decision in relation to the eligibility of senators from the Australian Capital Territory and the Northern Territory sitting in this place one wonders whether, in view of the retirement of Mr Justice McTiernan and of the appointment of another judge, the result will be a definite ‘no’ meaning that those senators are not entitled to sit in this place. [More…]
Of course, I am not as learned as those gentlemen who sit on the High Court bench, but my view is that the senators from the Australian Capital Territory have absolutely no right to take their place in this Parliament. [More…]
If the provision in respect of casual vacancies is accepted, it will in fact have the effect of giving to the High Court should the occasion arise the definition of a political party. [More…]
That is the effect of the High Court decision of the other week; it has an effect upon individuals. [More…]
It is like a High Court argument about the wording of a Bill. [More…]
Secondly, I think that the honourable member for Corio, who is a most respected ex-Speaker of this House, would know that he is getting on to rather dangerous opinionative grounds according to the Standing Orders in relation to the High Court. [More…]
What the Minister says in the House is not necessarily what the High Court will say subsequently. [More…]
The present Chief Justice of the High Court, Sir Garfield Barwick, introduced the legislation. [More…]
The breweries have now taken on the Government and are appealing to the High Court. [More…]
This was the law of England until the famous Rookes v. Barnard case in the middle 1 960s when, by a decision of the High Court of England, it was held that the 1906 law of England did not provide an immunity against action for torts. [More…]
Most of the proposed amendments arise as a necessary consequence of 2 High Court decisions- that of December 1975, known as the McKinlay case- and that of February 1977, known as the McKellar case. [More…]
The High Court has now made a number of very important rulings which have changed this scheme of things and which require new procedures to be introduced as a matter of urgency. [More…]
The Bills contain provisions designed to ensure that the High Court’s decision is given effect to and ensure that a determination of the representation entitlement of the several States will be made in the twelfth month of the life of a House of Representatives. [More…]
The Government believes that the procedures which I have outlined meet the constitutional requirements as interpreted by the High Court in its McKinlay judgment. [More…]
Account must also be given to the judgment of the High Court in the McKellar case. [More…]
The High Court held invalid and of no effect the 1964 amendment which introduced the ‘any remainder’ formula as it did not comply with the requirements of section 24 of the Constitution relating to the nexus between the House of Representatives and the Senate and the proportional representation of the several States in the House of Representatives. [More…]
In my experience every opinion Mr Byers has given, on legislation or in administration, has been upheld by the High Court. [More…]
The Constitution, particularly as now emphasised by the High Court decision, virtually made, despite what other people have said here, a one vote one value proposition in that the population of the Commonwealththat is, a count of the heads of people- is to be the yardstick upon which we determine the quota for the States. [More…]
Accordingly one can really argue from the point of view of electoral justice that as the principle of one vote one value applied in the High Court determination of fixing the quota for States, would not the logical situation be that within the State itself, as far as is practicable, we should as near as possible have equal quotas? [More…]
The High Court decision has clearly said that, wherever necessary’ means within every 3 years. [More…]
The High Court said that the quotas for States are not fair for all time, that distributions have to be carried out wherever possible and as soon as practicable, certainly every 3 years. [More…]
The Chief Justice said: ‘If you do not do it the High Court will do it for you’. [More…]
The High Court in 2 cases- McKinlay’s case at the end of 1975 and McKellar’s case this month- has made it plain that there were some objectionable features in the Representation Act. [More…]
It is not only not required by the Constitution or by the High Court, it in fact is seeking, as far as a government dares now in the light of these 2 recent High Court judgments on the Representation Act, to bypass or defer a proper form of distribution. [More…]
It is true that in this Bill we can no longer saythe High Court has made it plain that we cannot say- that there should be at the end of a full Parliament an election for a number of divisions which is not sanctioned by the provisions of the Constitution. [More…]
The High Court will not allow it. [More…]
This Bill is introduced as a result of the High Court decision whereby the number of members in the House of Representatives will be tied to the number of Senate representatives in the 6 States as compared with the suggestion that the representatives for the Australian Capital Territory and the Northern Territory should be included. [More…]
The High Court decision means that whilst we have 60 senators representing the 6 States then the House of Representatives shall have a minimum number of 120 members. [More…]
That position must be achieved following the recent High Court decision. [More…]
However, I doubt that the third one would work in view of the fact that the High Court does not recognise the 300 000 people who live in the Territories as people of Australia. [More…]
I would support very strongly any move to utilise part of the High Court as an electoral commission to have exclusive responsibility for the setting of boundaries and for the determining, in line with our Constitution, such matters as are covered in the very clause which we are debating now, that is, clause 7, relating to the above and below quota variation. [More…]
In our case I imagine we would be talking about the High Court, or a section of it, as an appropriate body to hear appeals and finally to determine the boundaries. [More…]
The whole Bill tightens up a few nuts and bolts in line with the latest decision of the High Court. [More…]
That amendment has been included to protect the Parliament from the situation which has arisen as a result of the recent High Court findings which may otherwise have had the effect of a redistribution being carried out every 3 or 4 years. [More…]
That would be hoisted upon us by virtue of the recent High Court findings. [More…]
They come from the High Court judgment, which is delightfully vague on the question. [More…]
The recent High Court judgment was in fact a blow at the Government, which rushed through legislation in 1965 after it had lost control of the Senate but before the new senators took office, to provide what has now been declared to be an illegal means of setting the number of members or determining the quotas for members in this House. [More…]
I thought the legislation was introduced as the result of the High Court decision in the McKellar case. [More…]
This Bill is badly needed to correct the matters that were recently found to be invalid by the High Court. [More…]
But we are stuck with 123 members because of what Malcolm Mackerras described as the High Court lunacy when referring to its recent ruling. [More…]
I would not wish it to be thought by the public at large that these Bills come into the Parliament today only because of decisions taken by the High Court in McKinlay’s case and in McKellar’s case. [More…]
In the 2 High Court decisions to which I have referred, and after consideration of section 24 of the Constitution, the Court expressed the view that the words ‘whenever necessary’ which appear in section 24 mean that the number of members to be chosen in the several States must be determined in time for each ordinary general election and that such election must be held in accordance with the entitlements so determined. [More…]
The effect of the High Court’s decision embodied in this legislation is that in the twelth month of every Parliament- I put it in simple terms because I believe that if it is [nit in simple terms it is more likely that the pubic will accept this as a genuine measure or series of measures rather than as a politican exercisethe Chief Australian Electoral Officer, on the basis of the latest available population statistics, which he has to obtain from the Australian Statistician, will make a determination as to the number of members of the House of Representatives to be chosen for each State and forward that determination to the Minister. [More…]
The first reason in my view is to amend the Commonwealth Electoral Act and subsidiary legislation to take account of the decision of the High Court in the 2 constitutional cases decided in December and early this month. [More…]
While the Government may justly claim a responsibility to legislate to cover the former, neither the High Court’s decisions nor the Government’s election rhetoric justify the latter. [More…]
The 2 decisions of the High Court that have necessitated the amendments now proposed by the Government both concern the interpretation of section 24 of the Constitution. [More…]
In the first of the two recently decided cases, Western Australia against the Commonwealth- it is known as McKinlay’s case and was decided in December in 1975- the High Court held that section 24 of the Constitution intended the calculations used for ascertaining the number of members must be made before each general election and therefore held that this required the latest statistics of the Commonwealth to be used. [More…]
If writs were written for an election of the House of Representatives before the Governor-General proclaimed divisions under proposed section 24, the election would have commenced as defined in 1905 by the High Court and it would seem that the new divisions could not be used. [More…]
I think that a standing commission on the matter should be established, although I am not sure whether it should consist of High Court judges or be conducted under the present system. [More…]
The Representation Act, the Census and Statistics Act and the Act that we are debating are a trilogy which will implement the decision of the High Court. [More…]
That decision has made it quite clear that there is a need to amend the existing relevant legislation in order to bring it into accord with the Constitution as it was interpreted in the 2 High Court decisions. [More…]
For instance, although the High Court said that it was enough just to rely on section 24 of the Constitution, there is a need to do something about section 10 of the Representation Act and the amending legislation in fact does that. [More…]
The High Court has recently re-endorsed that. [More…]
After all, the latest decision in the High Court was given only a fortnight ago. [More…]
Of course, as was known in the past, the High Court wisely said that this Parliament ought to control the economy. [More…]
Part of it, the Petroleum and Minerals Authority Act, was subsequently found by the High Court to be invalid, and no provision was made for consultation with the States. [More…]
The Minister was certainly aware that this matter was to go to the High Court. [More…]
But before the matter could go to the High Court to be considered the Minister abrogated the authority of the High Court by deciding that the licence would not be issued. [More…]
I ask: Who was the man principally involved in the organisation appealing to the High Court? [More…]
I am informed that, initially, after the Family Law Act commenced on 5 January 1976, the Attorney-General deferred the preparation of regulations under this section pending the determination of the challenge in the High Court early last year to the validity of major provisions of the Family Law Act. [More…]
I am further informed that late last year, following the High Court decision, the Attorney-General approved the drafting of regulations under section 1 1 1 subject to consultations with my Department and the Department of Immigration and Ethnic Affairs. [More…]
It is anticipated that the hearing of this matter will come before the High Court early in May in the Melbourne sittings. [More…]
I have received representations from honourable members from both Territories to have in effect the right to be represented and some sort of legal aid in relation to their representation before the High Court. [More…]
Whether they really need it of course is another matter because of the fact that the High Court will have before it the Commonwealth Solicitor-General putting arguments in favour of the validity of the legislation. [More…]
In relation to the High Court, which has the highest possible reputation in Australia and overseas, while quite clearly a retiring age of 70 years will mean that some people of great capacity who would be able to continue to serve that Court with excellence would be denied the possibility of doing so, I think it will be admitted by most honourable gentlemen and by the wider public outside that there are also some people whose powers do not continue forever as they get older. [More…]
There have been a very large number of justices of the High Court who have continued until the age of 80 years and beyond. [More…]
I do not think there is any cause or need to mention names but I believe that there is a general view that, if something is lost because somebody of great excellence retires at the age of 70, by and large when the capacities of all people are considered and when one considers what happens to people beyond the normal retiring age which is accepted in nearly every walk of life, the reputation of the High Court will be enhanced by the acceptance of this referendum proposal. [More…]
I pointed out that an appeal had been made to the High Court of Australia by MetroWest Broadcasters Limited, a principal of which is a Mr Harold Cottee of Cottee fame. [More…]
I also pointed out that the decision of the Minister was made on 10 March 1977 and that a hearing was to be commenced by the High Court of Australia on 15 March 1977. [More…]
The hearing of the High Court was due to commence on 15 March 1977 but the Minister deliberately made this decision to abrogate and to short circuit the High Court of Australia for fear that there may have been a decision in favour of Prospect Broadcasters Pty Ltd. [More…]
One must ask oneself why the Minister is ignoring the interests of the north-western suburbs of Sydney and why he is deliberately abrogating and trying to circumvent the decision of the High Court of Australia. [More…]
This view was expressed in 1944 in an opinion of the then Attorney-General and former High Court Justice, Dr Evatt, when he stated that section 25 (2)- a section under which Permanent Heads derive their responsibilitiesmust be read subject to fundamental and overriding principles that the constitutional head of a department of the executive government of the Commonwealth is the Minister of State. [More…]
While arguments can be adduced that there have been notable people who have performed admirably beyond that age, by and large I think it is the view of this Parliament that the status of the High Court will, over time, be enhanced by the retiring age. [More…]
-The Attorney-General will remember that last week he indicated he would consider representations from the seven parliamentary representatives for the Northern Territory and the Australian Capital Territory for the granting of assistance to appear before the High Court of Australia on behalf of the interests of the people of those Territories. [More…]
-My question, which is directed to the Attorney-General, is partially supplementary to that asked by the honourable member for Canberra and refers to the case initiated in the High Court by Queensland and Western Australia concerning the representation of the Territories in the Senate and the House of Representatives and the assurance of the Prime Minister that the Northern Territory is shortly destined for Statehood. [More…]
Again, within a short space of daysnamely on 1 6 March- Western Australia also decided to institute proceedings in the High Court to the effect that the Northern Territory and the Australian Capital Territory are not entitled to have representation in this House. [More…]
One must wonder immediately how it is that State governments of that type and political domination can instigate litigation in the High Court which will at least jeopardise the right of people of the Territories having representation in both Houses of the national Parliament. [More…]
Again I would like to place before the House some interesting comments by no less a person than the Chief Justice of the High Court, Sir Garfield Barwick. [More…]
It raises this serious question of democracy in Australia: Does the Chief Justice really think now that he will be able to get a majority of the High Court to overturn the relatively recent earlier decision in the case of The State of Western Australia v. The Commonwealth of Australia that there could be senatorial representation for the Territories? [More…]
If the High Court in May were to determine that within the meaning of the Constitution, representation for the Territories does not mean representation in the full sense of the word but means perhaps only the right for a territorial representative to appear in a Parliament and speak when invited, and does not mean the right to take part in any debate and certainly not the right to vote, territorial representatives would be mere mummies from the point of view of effective representation of the Territories. [More…]
We are now aware of the fact that there will be two High Court challenges by the 2 States I have mentioned, namely Western Australia and Queensland, to deny the people of the Territories the right to any representation in this Parliament. [More…]
Irrespective of what happens on 2 1 May, the High Court may decide in May that the people of the Territories have no right to vote for a representative in the House of Representatives and therefore exclude them from the right to vote in future referendums. [More…]
If the High Court determines early in May or at some later date- possibly after 2 1 May- that they have no such right, this referendum will be null and void and of no effect. [More…]
As I say, irrespective of what happens on 21 May, in other words if there was a resounding majority decision to give people in the Territories their basic rights, a High Court decision made before or after that date will remove those rights by interpretation. [More…]
The High Court itself should not be engaging in this encouragement for further challenges. [More…]
I believe in the democratic system and, therefore, I believe in the role of the High Court and in the right of people to test propositions before that Court. [More…]
But I agree with the honourable member for KingsfordSmith that it is very dangerous for a Chief Justice of the High Court to be inviting challenges to decisions of that Court only a short time after they have been made. [More…]
What is the future for Canberra if the High Court challenge should be successful? [More…]
As the honourable member for Kingsford-Smith has said, if a High Court challenge is successful it will negate the referendum provisions, which in itself would be a nonsense. [More…]
I feel more confident in the knowledge that the Attorney-General (Mr Ellicott) is allowing the representatives concerned to have their own counsel at the High Court hearing. [More…]
The High Court in Croft v. Dunphy said it. [More…]
Has the honourable gentleman seen a report that a law lecturer in Western Australia is of the opinion that the complement of the New South Wales and South Australian members to this House was unconstitutionally elected at the general election and that he is proposing to ask the High Court to declare those members’ election void and to order new elections in those States in elections to be held at large? [More…]
However, I should also say to the honourable gentleman that should any proceedings of this character be instituted, and should they be proceedings which are capable of being taken- having in mind a question as to the rights of people to bring proceedings of this character in the High Court- then no doubt if applications are made to me in relation to legal assistance I will give those requests careful consideration. [More…]
The High Court has been asked in the past to declare seats vacant en masse and so far it has not been prepared to take that step. [More…]
It will bring the Act into line with the Government’s policy of divesting the High Court of its original jurisdiction under Commonwealth statutes and conferring it on other appropriate courts. [More…]
It is proposed to transfer the responsibility for the hearing of certain appeals under the Life Insurance Act from the High Court to the Administrative Appeals Tribunal. [More…]
The opportunity has been taken to divest the High Court of its original jurisdiction under the Act and to transfer that jurisdiction to other appropriate courts. [More…]
If there was any substance at all in these noisy accusations, the Labor Party could have made an application to the High Court to have my seat declared vacant, as the law provides, long before this. [More…]
Last Friday the High Court ruled that the Government had exceeded its powers in denying unemployment benefits to school leavers for up to 3 months. [More…]
It is deplorable that young victims of these shabby and underhand methods have had to seek redress from the High Court itself. [More…]
In other words, in the view of the High Court, the Fraser Government exceeded the law, acted in an arbitrary fashion, and did its best to frustrate the victims of its economic policies. [More…]
Instead of being humiliated on the floor of Parliament, the Government has been humiliated by the High Court. [More…]
In one case its actions are exposed by leaked documents; in another they are checked by a judgment of the High Court. [More…]
Now, on the first High Court challenge to an action of the Fraser Government- not on some new interpretation of its powers, but on the application of the existing law- the Government is exposed as exceeding its powers and defying the Parliament. [More…]
I do not think that it does the honourable member any credit to be pursuing this issue at this time when the judgment of the High Court is still subject to judicial consideration. [More…]
The need for the amendment, which was announced on 15 April 1977, arises from a recent decision by the High Court involving an invalidity pension paid under the defence forces retirement benefits scheme to a former officer of the Navy who was prematurely retired as the result of an accident sustained in the course of duty. [More…]
The High Court held that the pension concerned fell within the scope of provisions of the law which exempt from tax pensions similar in nature to exempt repatriation disability pensions. [More…]
Has he instructed his Depanment to examine the implications for the coastal operations, particularly in Queensland, of the Australian Shipping Commission of the judgment of 17 December 1976 of the High Court of Australia in the case of the Minister for Justice for Western Australia at the relation of Ansett Transport Industries (Operations) Pty Ltd v. Australian National Airlines Commission and the Commonwealth of Australia. [More…]
1) to (3) My Depanment has examined the High Court judgment of 17 December 1976. [More…]
Now that the High Court has declared that the policy being pursued by the DirectorGeneral of Social Security under the Government’s direction was illegal but that a directive to comply with the Social Services Act must come from die Government and not the Court, I ask: Will the Prime Minister give an undertaking that Miss Karen Green’s application for unemployment benefit will be reconsidered in the light of the Court’s declaration? [More…]
Also I ask: Will unemployment benefit be paid to the thousands of other school leavers who registered as unemployed and did not find employment and who were discouraged or prevented from applying for benefits by the Government’s policy, which the High Court has now declared to be contrary to the law? [More…]
During discussion of an item dealing with ‘Methods Used in the States for consultation with the Ethnic Communities’, the New South Wales Minister, Mr Jackson, circulated to Ministers an extract from a High Court judgment that in regard to immigrants the Commonwealth had constitutional responsibility and power and that the States do not have it. [More…]
The whole conversation was on the assumption that Gough Whitlam could be removed from politics forever, a Judge removed from the High Court and a mistaken idealist eliminated, with the ALP discredited for a generation. [More…]
Any State government could have challenged the propriety or legality of our action under the Financial Agreement in the Loan Council or the High Court; none of them did. [More…]
There were no criminal proceedings, for instance, against the judges of the Commonwealth Court of Conciliation and Arbitration when the High Court in the boilermakers case decided that they had acted unconstitutionally. [More…]
There are not likely to be criminal proceedings against Senator Guilfoyle, who the High Court has just declared had acted contrary to statute on school leavers. [More…]
Parliament cannot legislate, of course, to remove the powers of judicial review given to the High Court by the Constitution- section 75 (iii). [More…]
Most of the prerogative writs are granted on the discretion of the court and one would imagine that the High Court, faced with an application for a prerogative writ under section 75 (iii), would give careful consideration to the situation in which an application could have been made to the Federal Court under these provisions. [More…]
PM Whitlam appeals against the Senate to the High Court. [More…]
The document refers to the possibility of a High Court challenge to the opposition of two Liberal senators and to the attitude of the shadow Cabinet. [More…]
The High Court has held that if a representation is made by a police officer that is knowingly untrue to the knowledge of the police officer then the confession should be inadmissible. [More…]
But the honourable gentleman would much prefer today to summon before the high court of Parliament the evidence of Mr Boyce rather than the verdict of the jury. [More…]
Clause 4 ensures that certain defence force retirement benefits and other Service pensions which a recent High Court decision may have rendered tax exempt in fact will be subject to taxation. [More…]
I refer to that section of the Bill which seeks to change the rights now established before the High Court of Australia of disabled ex-servicemen to have their pensions tax free. [More…]
That seeks to reverse the decision that the High Court held when Lieutenant-Commander Goodfellow a constituent of mine, succeeded in the case that he put to it. [More…]
The High Court found in Goodfellow ‘s favour. [More…]
The reason it is necessary to amend the Act at the present stage is because the High Court of Australia for reasons best known to itself- for technical reasons- stated that such pensions were not subject to tax under the present income tax law. [More…]
The amendment that has been introduced is designed again to render taxable these types of pensions, which had been taxable from 1945 until a recent High Court decision. [More…]
Of course, I cannot make any commitment one way or the other with regard to the particular matter raised concerning Lieutenant Commander Goodfellow who has been successful in the High Court pursuant to an objection against an assessment of a tax return that he lodged. [More…]
-Can the Prime Minister yet give me the information he promised on Tuesday of last week about the Government’s reaction to the High Court’s declaration that the ban on paying unemployment benefits to school leavers before the end of the ensuing school vacation was contrary to the social services legislation? [More…]
The motion moved by my colleague, the honourable member for Scullin (Dr Jenkins), does not propose that we pass judgment here but that the prima facie facts clearly indicate that the High Court should determine the matter on the merits. [More…]
Perhaps this can be disproved but it can be disproved only by legal argument in the High Court of Australia. [More…]
When accusations of the substance I have put are made, they should not be decided here by resolution to determine the guilt or otherwise of the honourable member; they should be referred to the High Court on the basis that there they can be determined. [More…]
It is the Government ‘s view in this matter that, because of the question and the answer that can be given to it, this House should determine the matter and not send it off to the High Court of Australia. [More…]
Formerly the right of appeal for the Life Insurance Act lay to the High Court of Australia. [More…]
I pay tribute to those who served on that committee, namely, Sir John Kerr, Sir Anthony Mason, who is now a Justice of the High Court, and Professor Harry Whitmore. [More…]
The supervisory jurisdiction of the High Court of Australia under section 75 (v) of the Constitution would, of course, remain unaffected. [More…]
It has not been able to upset one of them in the High Court. [More…]
Has the Commonwealth Government placed conditions on its offer of $ 10m compensation, namely that the State Government forgo its rights to High Court action, and that the $ 10m is to apply to the labour content only of compensation projects. [More…]
2 ) The Commonwealth did not require the State Government to forgo its rights to High Court action, nor did it require that the $10m apply to the labour content only of compensation projects. [More…]
Are any amendments to the Trade Practices Act proposed as a result of the decision of the High Court in the CLM Holdings Case, handed down on 10 February 1977. [More…]
Unfortunately, after I had granted Air Express and IPEC an opportunity to import aircraft, a High Court injunction was taken out. [More…]
The matter has been reserved by the High Court and we are awaiting the decision. [More…]
One of the difficulties that BBA ran into was the injunction taken out in the High Court and the company has been caught up on the snowballing effect of that injunction. [More…]
I am unable to take any positive decision in respect of aircraft replacements until the High Court decision has been handed down. [More…]
I ask the Prime Minister for the third time a question about the Government’s reaction to the High Court judgment that the Government was in breach of the social services legislation in denying the unemployment benefit to school leavers until the long vacation was over. [More…]
The High Court has reinforced this by stating that in the case of Miss Green she is not entitled to a declaration from the High Court that she was entitled to the unemployment benefit during the school holidays. [More…]
The judgment of the High Court, as I understand it, was that she was not entitled to be denied the unemployment benefit merely on the ground that she was m fact a school leaver. [More…]
The Director-General is in consultation with the Attorney-General’s Department at the moment to make sure that any subsequent determination he makes is fully in accord with the decision of the High Court and that any judgment he makes is therefore properly based. [More…]
If it is necessary in the light of that decision and the High Court’s decision to review other cases, clearly that is a matter that the Director-General would have in hand. [More…]
Not covered by this sub-section as we see it are such items as demarcation disputes, because the High Court has ruled that such disputes are not concerned with the conditions on which people are employed but rather assume an antecedent contract of employment. [More…]
However, his understanding was quite different when he was Chief Justice of the High Court of Australia. [More…]
1 ) How old were the Chief Justices, Chief Judges and justices of the High Court and the various and successive federal courts at the time of their appointment to those courts. [More…]
The first reason for this is that there is an injunction from the High Court of Australia stopping me. [More…]
But the excuse given by Swanson was given on the basis that his attention had been drawn to a High Court judgment in what was known as the ‘Quadramain case ‘. [More…]
But the Swanson report goes on to say that because of that High Court decision and the way in which the Court interpreted the case, and because it was a common law interpretation- therefore, I draw the distinction as to whether it was really appropriate to marry it to this Act which contained its own interpretation- there was a restraint of trade only where a covenanter cuts down an existing freedom to trade. [More…]
The High Court seems to have taken an unduly legalistic approach to the interpretation of this economic legislation. [More…]
The High Court was interpreting a common law position in the Quadramain case. [More…]
Therefore, we would not have the problems of the common law restriction as outlined by the High Court. [More…]
There have been instances in the case of the High Court and in the case of consumer protection areas where, taken separately, the Opposition would have been quick to support the Government in relation to what has occurred. [More…]
But if there had been a fair test of the situation, which we may not get because of confrontation, the Government could well have found that the High Court itself said: ‘You cannot pass laws in this fashion, you have no power to do so’. [More…]
For these reasons I say that if at any future date the national Parliament feels it has the right to take this action, I would respectfully suggest that the Minister should get some advice as to whether the proposed laws which he is now withdrawing could in any way be sustained in any High Court challenge. [More…]
It is a rather stupid way to deal with a situation to have to rely on the High Court all the time to tell you whether you are legislating properly, bearing in mind that in that context we could have a massive contest in the nature of the legislation itself. [More…]
In Kelley’s case, which came before the High Court of Australia in 1950, it was made clear that the power could be used only when [>eople were in dispute. [More…]
Are unions to be all the time obligated to go to the High Court in order to keep telling this Government where it has made the mistake? [More…]
In the middle of economic dislocation, a union may decide to take the case to the High Court. [More…]
Is it also a fact that on 23 March 1976, the Minister for Social Security, in a Press statement and in subsequent correspondence, issued a directive to the Director-General that unemployment benefits would not be paid to school leavers during the long vacation and that this blanket policy was subsequently found to be invalid by the High Court? [More…]
As the Director-General of Social Services stated on Friday that an automatic review of the claims of school leavers for benefits will not be undertaken by his Department, will the Minister, in accordance with section 7 of the Act, now instruct him to review all of these claims, or does the Government now disclaim all responsibility for its arbitrary and apparently illegal attitude of ignoring the High Court decision? [More…]
Following the Judgment by Mr Justice Stephen in the High Court case brought by Miss Green against the Commonwealth and the Declarations made by Mr Justice Stephen on 22 April 1977, the Director-General reviewed the claim for unemployment benefit made by Miss Green on 20 December 1976. [More…]
Mr Daniels said that the Judgment of the High Court deals specifically with the case of Miss Green and he did not propose to initiate a review of any other claims for unemployment benefit by school leavers for the December-January school holidays. [More…]
However, if following the High Court Judgment and the Director-General’s Determination in Miss Green’s case, any applicant seeks a review of his claim, Mr Daniels said that a review will be made. [More…]
I do think that there has been some misconception as to the effect of the High Court’s decision. [More…]
The High Court did not decide that Miss Karen Green was entitled to unemployment benefit. [More…]
Indeed, the High Court could not so decide. [More…]
As I think the honourable gentleman would well know, the High Court cannot replace the discretion of the Director-General with its own. [More…]
All that the High Court could say was that the Director-General in the circumstances had taken into account a matter that he should not have taken into account. [More…]
Its illegal reprisals against school leavers were exposed by the High Court’s judgment in the case of Karen Green. [More…]
The Government is still breaking the law and defying the High Court in refusing benefits to school leavers who were entitled to receive them. [More…]
Another approach would have been to say: ‘I will take into account all facts including those that I knew at 20 December and such other facts as may have been revealed, say, in the High Court proceedings. ‘ [More…]
I ask: Is it true that it was Government policy that school leavers should not be paid unemployment benefit in the last long vacation and that this blanket policy was found to be illegal by the High Court? [More…]
There has been a High Court decision that referred partly to this matter, but the High Court decision did not rule against that measure. [More…]
Government was to listen to what the High Court said and to the claims of Karen Green she could well meet the criteria of 35 000 other school leavers who have been denied unemployment benefits? [More…]
His Honour, Mr Justice Stephen, in the High Court on 15 April found: [More…]
How can it be then that we have an Act of Parliament which says that the Director-General shall use his discretion and a High Court determination which finds that the Director-General did not use his discretion correctly and finds in favour of the plaintiff that she has a case if the Director-General will only look at it? [More…]
The High Court determination says: ‘I find for the plaintiff, but I cannot find in monetary terms. [More…]
Does the Government not realise that even the Director-General has had to say: ‘I have had discussions following a High Court judgment’- and by the way, that was back on 15 April-‘ and I have had a number of discussions with officers of the Attorney-General’s Department and I am taking the benefit of thenadvice on the legal aspects . [More…]
Notwithstanding the High Court’s decision and the determination made by the Director-General of Social Security in his own right, the Opposition has failed to make a credible case. [More…]
The High Court subsequently found that this blanket policy was contrary to the provisions of the Social Services Act. [More…]
Evidence was tendered in the High Court that Ms Green had made intensive efforts to find employment during this period including repeated visits to 2 private employment agencies. [More…]
The truth is that the Government is determined to ignore the High Court judgment and it will not pay these benefits to school leavers no matter what the legality of its actions. [More…]
She took her case to the High Court which found in her favour. [More…]
But beyond that the Government flies in the face of the High Court decision and persists with its refusal to pay unemployment benefits. [More…]
1 ) Has his attention been drawn to the recent High Court ruling that Defence Forces Retirement Benefits pensions earned as a result of incapacitation outside the arena of war are no longer to be subject to income tax. [More…]
to (3) The High Court ruling referred to by the honourable member was to the effect that an invalidity pension paid to a former officer of the Navy under the DFRB scheme on his premature retirement following an accident sustained in the course of peace-time duty was exempt from income tax under a longstanding provision of the income tax law which exempts pensions similar in nature to repatriation disability pensions. [More…]
The Government has taken the view that it would not be equitable for pensions affected by the High Court decision to be exempt from tax while tax is levied on other pensions including pensions paid under other occupational superannuation schemes. [More…]
On IS April 1977 the Government s intention to amend the income tax law to ensure that pensions covered by the High Court decision would in future be liable to income tax was announced by the Minister for Aboriginal Affairs, the Honourable R. I. Viner M.P., in his capacity as Minister Assisting the Treasurer. [More…]
Even with the benefit of the decision of the High Court on the scope of the external affairs power in the seas and submerged lands case it must remain open to real doubt whether the High Court would uphold its validity. [More…]
In the debate in October 1975 the Attorney-General sought to postpone any consideration of legal aid on the basis that a High Court challenge had been mounted. [More…]
Its contempt for the law and defiance of the High Court in contriving to withhold unemployment benefits from eligible persons; and [More…]
Its contempt for the law and defiance of the High Court in contriving to withhold unemployment benefits from eligible persons; and [More…]
It has abolished the seasonally adjusted statistics; it has stood over the Commonwealth Employment Service to get its figures down to ‘rock bottom’; it has scrapped whole categories of people, including many Aboriginals, from the lists of unemployed; it has used every means of persuasion or coercion to discourage the unemployed from registering for benefits; it is breaking the law, it is defying the High Court, by refusing benefits to people who have challenged its heartless and vindictive policies. [More…]
What an irony it is for the honourable gentleman to make in this motion some reference to the High Court. [More…]
Has the Commissioner of Taxation received satisfaction of the order of Sequestration of the estate of Thomas Barton obtained in the Federal Court of Bankruptcy on 24 August 1974 and upheld by the High Court on 30 December 1974. [More…]
I hope that the Minister will not exercise his discretion in the way he did when dealing with the representations of an Italian worker, Mr Salemi who is still under threat of deportation, notwithstanding that three High Court judges indicated that there had been a denial of natural justice and that the other three High Court judges were of the opinion that Mr Salemi had been treated unfairly and that the concept of natural justice did not apply in the administration of the Minister’s decision under the Immigration Act. [More…]
1 ) What is the cost to the public of copies of judgments of the High Court of Australia. [More…]
Can steps be taken to enable copies of judgments of the High Court to be available at a reasonable cost, say $5 maximum, on or soon after the day of delivery. [More…]
1 ) Item 8 of the Third Schedule to the High Court Rules reads: [More…]
The Prime Minister eventuallytoo late, I think- agreed that the Government would meet the costs in the same way as the Labor Government met the costs of Senator Webster when he was under attack in the courts, including the High Court. [More…]
I ask: Has the Minister received the Ombudsman’s report on his Department’s handling of the application of Mr Ignazio Salemi who is one person who came forward but was not granted an amnest If so, will he make the Ombudsman’s repo vailable to the public, as are the judgments d le High Court justices before whom the case ime last August, October and February? [More…]
On 4 March 197S, the then Attorney-General advised the Governor-General that a printing error had been discovered in the Privy Council (Appeals from the High Court) Bill 1973 after the Bill had been passed by both Houses, and informed the Governor-General that he, the AttorneyGeneral, was of the opinion that the Governor-General should return the Bill to the House of Representatives with a message recommending an amendment to be made to correct the printing error. [More…]
I do not want to be discourteous to a Justice of the High Court, nor do I want to be discourteous to somebody I served under. [More…]
These proceedings involved the Leader of the Opposition (Mr E. G. Whitlam), two former Ministers and a justice of the High Court. [More…]
If we had known that our costs would be paid we would have proceeded with the High Court appeal. [More…]
Should you agree to take over the prosecution our clients would, of course, instruct us to withdraw the proceedings presently before the High Court of Australia, so that the matter might more promptly proceed. [More…]
Unless you advise us that you would consider it inappropriate for it to be done, we are instructed and therefore propose to request our counsel to advise the Court of Petty Sessions in Sydney on Monday that an application has been made by our clients to you to take over the prosecution and that if you do so the application to the High Court will be withdrawn. [More…]
Any State government could have challenged the propriety or legality of our action under the Financial Agreement in the Loan Council or the High Court; none of them did. [More…]
There were no criminal proceedings, for instance, against the judges of the Commonwealth Court of Conciliation and Arbitration when the High Court in the boilermakers case decided that they had acted unconstitutionally. [More…]
There are not likely to be criminal proceedings against Senator Guilfoyle, who the High Court had just declared had acted contrary to statute on school leavers. [More…]
In my view it has no such power and this matter should be the subject of challenge in the High Court. [More…]
Honourable members will be well aware that one of the alterations to the Constitution that was approved by the referendum in May this year, and has since become law, introduced a maximum retiring age forjudges of the High Court and other Federal courts. [More…]
The effect of this Constitution alteration is that any future appointee to the High Court or any other Federal court will have to retire by the age of 70 years. [More…]
In the case of Federal courts other than the High Court, the Constitution alteration also enables the Parliament to prescribe by law a maximum retiring age for judges that is less than 70 years. [More…]
It is true that the Constitution alteration prescribes 70 years as the maximum retiring age for judges of the High Court, and forjudges of other Federal courts unless and until the Parliament otherwise provides. [More…]
Appeals will be made to the High Court concerning the use of that particular Act for this purpose. [More…]
Further, the High Court has ruled that there must be two fewer divisions in New South Wales. [More…]
Since then the High Court of Australia has criticised the actions of the Government; so has the Ombudsman. [More…]
That was incorrect, and the Chief Justice of the High Court of Australia described it as being an untenable reason. [More…]
After making three separate applications, Mr Salemi ‘s application was heard by a Full Bench of the High Court of Australia on 1 1 May 1977. [More…]
He did investigate the departmental action and said that the fact that the Department did not advise the Minister of the implications of the High Court judgment was ‘unreasonable’, that it was unfortunate’ that the Department did not ask Mr Salemi for particulars, and that the Department was ‘wrong’? [More…]
The High Court was critical, and the end result of all that was that the Minister proceeded and issued a deportation order. [More…]
If the then Attorney-General needed to be told that in any certain terms, he has been told it on two occasions this year by the High Court. [More…]
Every other judge in the High Court agreed with that view. [More…]
We have had the benefit of a High Court decision. [More…]
We can see from the High Court judgment that proper application was made by Mr Salemi. [More…]
The High Court judge stated: [More…]
The matter has been reviewed by the High Court. [More…]
The High Court indicated in this case that this is a most defective Act anyway because if fails to indicate the matters to be taken into account by an officer in deciding whether to grant an entry permit. [More…]
He has sought, by appealing to my discretion, by seeking through the High Court to restrain me from applying the law to him, by misrepresenting his activities in Australia to people of goodwill in the community and by orchestrating appeals from members of parliament of a certain persuasion and by enlisting representatives of the community and of left-wing trade unions to sign petitions on his behalf, to restrain me from applying to him the rules that apply to many thousands of other prohibited immigrants. [More…]
It has been suggested that the High Court was evenly divided on the question of whether I have the right to deport Mr Salemi. [More…]
The High Court did not question this, the principal question before the High Court was whether I had an obligation to observe the principles of natural justice. [More…]
On the third occasion Mr Salemi took the matter to the High Court. [More…]
The High Court’s decision is very clear. [More…]
However, to place the matter beyond doubt, on my instructions, officers of the Department have written to Mr Salemi since the High Court decision was handed down providing him with yet another opportunity to bring to my attention any elements of his situation that had not already been considered. [More…]
The Ombudsman, in some 14 pages of his report reaches two conclusions: Firstly, that, in his opinion, the Minister should have been advised at least after the judgments of the High Court case became available that the news releases could reasonably have been construed as applying to persons in Mr Salemi ‘s position and that in failing to advise the Minister to this effect the action of the Department was unreasonable in its treatment of Mr Salemi. [More…]
I do not wish to canvass the Ombudsman’s findings or his recommendations but I do wish to inform the Parliament that I was aware before the High Court case, and had been so informed by my Department, that the Press releases issued by me were capable of being misrepresented and in fact were misrepresented as providing Mr Salemi with a justifiable expectation that the amnesty would apply to him. [More…]
In this context his legal representative’s pleadings to the High Court misquoted the amnesty offer as applying to people who entered Australia as visitors and had become prohibited immigrants, and not, as I had announced, to people who were, at a very specific date, 31 December 1975 overstayed visitors. [More…]
It is not a question of what the Ombudsman or the High Court or anybody else says. [More…]
Let him tell that to the thousands of young Australians, and their parents, who are to leave school at the end of this year and who face not only a bleak employment future but the prospect of no financial support for the 10-week Christmas vacation- a decision taken in defiance of the High Court of this country. [More…]
If so, was he referring to initiatives like the Industrial Relations Bureau, abolition of the Australian Legal Aid Service, restriction of the Aboriginal Legal Service, and the Government’s interpretation of the High Court ruling regarding unemployment benefits to school leavers. [More…]
Has the Government given any consideration to the suggestion of the South Australian Minister for Fisheries that the Commonwealth delegate to the South Australian Government its authority to manage fisheries in Investigator Strait which is an area recently adjudged to be Commonwealth territory by decision of the High Court. [More…]
In view of the High Court’s decision that the waters beyond territorial limits in Investigator Strait clearly come under Commonwealth jurisdiction there can be no duplication of fisheries management in such waters. [More…]
Does the Minister remember rejecting in March the recommendation of the former Australian Broadcasting Control Board for a licence to serve the same area, just five days before the High Court had scheduled the hearing of a challenge to the proceedings? [More…]
Before the licence was awarded Metro- Western Broadcasters Ltd, one of the other applicants, took out an injunction in the High Court to restrain the Minister from awarding the licence. [More…]
On15 March that injunction was due to come before the High Court to be heard. [More…]
In other words, he circumvented the High Court. [More…]
In other words, not only did the Minister seek to circumvent a decision of the High Court of Australia but also he sought to circumvent a decision of the Australian Broadcasting Tribunal. [More…]
It has been clearly established by the High Court in a recent case known as Berwick’s case that a territory can still have its own fiscus. [More…]
I should remind the honourable gentleman that the hearing of that challenge in the High Court has been completed but the decision has not been given. [More…]
It is always possible that the Senate or the High Court will declare invalid whatever we do and veto it. [More…]
Mr Salemi took his case to the High Court which divided ‘threeall’ in its decision. [More…]
Again the High Court was able to show that this Government had done nothing. [More…]
When its actions were challenged the High Court ruled that they were illegal. [More…]
But the Government was able to defy the High Court decision on a technicality. [More…]
Unfortunately, recent High Court decisions have rendered section 260 almost inoperative. [More…]
Section 72 of the Constitution talks about justices of the High Court and of the other courts created by the Parliament. [More…]
Surely we could read into that that if the national Parliament had the power to create other courts it would have the power also to determine retiring ages and, if so, that would apply to justices of the High Court as well because they are referred to in the same section of the Constitution. [More…]
After all, nobody in his right mind would expect Prime Ministers or other leaders in this country to be in their 80s, as has happened with many justices of the High Court as a result of the interpretation of section 72 of the Constitution. [More…]
Another weakness in interpretation., and acknowledged by section 72, was that justices of the High Court were appointed by the GovernorGeneral in Council. [More…]
We could presume that there would be just as many inaccuracies, discriminations or political affiliations connected with those appointments as with parliamentary appointments, yet the specious reasoning was that we should not have the power to remove judges from the High Court because it might affect their impartiality or because they might become victims of some political vendetta. [More…]
The present Chief Justice has announced, as he is entitled to do, that he thought there might be a better method of appointing judges, including High Court judges, by having them appointed by an outside committee. [More…]
We cannot solve them if we look at what has happened as a result of the High Court decision in Russell v. Russell. [More…]
Surely it is a fiction to think that under the Constitution we have the power to deal with marriage- as we have- with divorce, matrimonial causes and parental rights and that those powers have to be interpreted, as the High Court has legally said, but those matters are limited to the aspects of the family which I have mentioned. [More…]
The only way to solve this situation where there is this conflict of laws is to go to the High Court under section 109 of the Constitution and ask it to work out which law is to prevail. [More…]
I am talking not only of an enforcement body to operate within the Family Court area but also of one to act in other areas such as the High Court. [More…]
Quite recently a decision was made by the High Court on the size of electorates. [More…]
In fact, a recent High Court decision has reduced the number of members of this House. [More…]
I have had legal advice from the AttorneyGeneral that the powers available to the Queensland Government are in no way impaired by any Acts of the Commonwealth or by High Court decisions concerning the Seas and Submerged Lands Act. [More…]
Australian Industrial Court to be DirectorGeneral of Security; Sir Owen Dixon, then a Justice of the High Court, to be Australian Minister to the United States, and Sir John Latham while Chief Justice of the High Court, to be Australian Minister to Japan, the Government proposes to introduce legislation similar to that introduced on those other occasions to enable Mr Justice Fox to retain his judicial status and the rights which attach to that status while AmbassadoratLarge. [More…]
I think there is a danger, especially following recent High Court decisions, in the Parliament having to give final approval of any redistribution and not approving it unless there is a majority in favour m both Houses. [More…]
I take the opportunity to ask the Minister also: How much longer will it be before Trans-Australia Airlines can extend its services between Perth and Darwin to Port Hedland, for which the High Court cleared the way in its decision of 1 7 December last? [More…]
We know of the recent High Court ruling which determined the number of members of this chamber will be reduced after the next election. [More…]
I am highlighting the fact that when we look at the salary range of judges of the High Court, taking into account the salary of all the judiciary and that there are probably 640 or 650 of them these days compared with the 756 politicians throughout Australia, the criticism which is directed at politicians is a little unfair. [More…]
That Court is a very important social court, but in terms of importance it does not compare with the High Court, the Federal Court of Australia, the Industrial Court or the Australian Conciliation and Arbitration Commission. [More…]
I also believe that this matter could be taken up in the High Court. [More…]
I do not have the precise figures in front of me, but the fact is that the Chief Justice of Queensland still receives more than the Chief Justice of the High Court of Australia. [More…]
That is a very high salary having regard to the fact that the Chief Justice of the High Court is now receiving something in the $55,000 bracket. [More…]
I mention this only because I wish to make the point that I have made before, that it is time relativity was established between the salaries of the judges of the various courts- the supreme courts, the High Court and the Federal Court in this country. [More…]
Much of it seemed to have been the result of the Commonwealth using the High Court decision to say: ‘We have a right to do that. [More…]
Very recently, the High Court of Australia reaffirmed that the principles of natural justice are applicable to administrative tribunals and not in fact restricted to the courts of the land. [More…]
In the first instance, he circumvented a decision of the High Court of Australia. [More…]
He knew that the decision of the Broadcasting Control Board had been challenged before the High Court; that is to say, a writ had been issued to restrain the Minister from acting on the recommendation of the Board. [More…]
Accordingly, on 10 March he cancelled the decision of the Board because he knew from legal advice that he had received that the High Court would not uphold the writ for an injunction which Mr Cottee had taken out. [More…]
One is the subject of a challenge in the High Court. [More…]
A citizen in the electoral division of Kalgoorlie, which is one of the divisions in Western Australia, took action in the High Court of Australia. [More…]
Legislation is being put through now which will deny a citizen the right to prove in the High Court of Australia that legislation which the Parliament has passed is not fair and reasonable. [More…]
Again it would follow that unless this legislation is passed, any citizen could promptly go to the High Court and say: ‘Look, the election is taking place on redistributions which are not in accordance with fact’. [More…]
One could perhaps not object if it were going to be regularised as from now, but the fact that it has been made retrospective means that there will be a denial of rights, particularly in Western Australia, to a constituent who established those rights, I would think, by taking action in the High Court. [More…]
That although the High Court has determined that ownership of off-shore oil rests with the Commonwealth and not with the States, the Commonwealth has made arrangements which deprive New South Wales of its fair share of the benefits from such oil [More…]
One case, the Karen Green case, was taken to the High Court and the High Court ruled that that decision could not be made in an arbitrary manner although it was possible to make that decision in individual cases if the cases did not satisfy the guidelines. [More…]
Seas and Submerged Lands Act in the High Court. [More…]
I recall very well the High Court proceedings which made invalid and null the Petroleum and Minerals Authority created under the Whitlam Labor Government. [More…]
High Court of Australia, which has a library in Melbourne and Sydney. [More…]
The case eventually went to the High Court. [More…]
The Constitutional point that the High Court would have to resolve- I am sure it would resolve it in favour of the Parliament itselfwould determine whether the Speaker is the person who recommends to us what we should spend on our Parliament. [More…]
I could indicate that Mr Justice Murphy is one such person who receives, as I understand it, a full High Court salary and a parliamentary pension. [More…]
What qualification did that give him for a subsequent job or for keeping his parliamentary pension and being paid as a justice of the High Court. [More…]
Of course, it would not apply to a certain appointment to the High Court of Australia. [More…]
Was the change made at the time to suit a particular appointment- maybe the one at the High Court? [More…]
If this is to be a point of principle, it should equally have been applied to appointments such as that of Senator Murphy to the High Court, and Mr Barnard to an ambassadorship or to any aspirant to the International Court of Justice. [More…]
Isaac Isaacs was the first member for Indi, holding the seat from 1901 until 1906 when he became a justice of the High Court of Australia, and Chief Justice in 1930. [More…]
Is it a fact that Mr Justice Mason of the High Court of Australia recently remarked that the defects and deficiencies of section 260 of the Income Tax Assessment Act had been apparent for a long time and yet the Government has made no move to plug the loopholes? [More…]
The Bill which was introduced in the last Parliament, but lapsed on its dissolution, will amend the Evidence Act 1905 to provide for business records to be admitted as evidence of the matters contained in them in proceedings before the High Court, the Federal Court of Australia and other federal courts on a uniform basis. [More…]
Under the present Bill the provisions for business records to be admitted as evidence will apply to all proceedings before the High Court and federal courts. [More…]
An immense amount of time has elapsed since the original Gorton decision in the High Court. [More…]
Eight years ensued between the decision in Gorton ‘s case and the decision in a subsequent case in the High Court, during which time many thousands of people relied on the original Gorton decision to come to these taxation arrangements. [More…]
The High Court decision which put these propositions at risk was made by an evenly divided full High Court. [More…]
As a result of a High Court decision in a recent case between Slutzkim and the Federal Commissioner of Taxation there is now practically no barrier to the well-advised tax dodger engaging in dividend-stripping transactions to his heart’s content. [More…]
For many years the High Court interpreted this section in a reasonable manner and the Commissioner had a fair amount of success. [More…]
Since the Chief Justice of the High Court has been changed this has not been the case. [More…]
Last Tuesday I raised with the Treasurer what had been said recently by Judge Mason of the High Court. [More…]
Yet the Government has made no move to plug the loopholes engineered by the decisions, if we like, of the High Court. [More…]
I wish to correct what was said by the honourable member for Hawker in connection with section 260 of the Income Tax Assessment Act The honourable member said that it was only in more recent years following a High Court interpretation that this section has proved to be a failure. [More…]
He says that he wants to deal with the Government and he takes the matter to the High Court. [More…]
What does the High Court say? [More…]
The matter went to the High Court and the High Court ruled that the appropriate price for land is the current usage value. [More…]
Why, we have such an anachronistic state of affairs in Queensland that we do not even have faith and trust in the Australiana that is represented by our own High Court. [More…]
We had to see an issue concerning the indigenous people of this country dragged embarrassingly off to a high court of another land. [More…]
a proceeding before the High Court or any other court (other than a court of a Territory) created by the Parliament; [More…]
It amends the Evidence Act 1905 to provide for the admissibility in a proceeding before the High Court or any court created by the Parliament, that is the Federal [More…]
However, the Bill will in fact apply to all proceedings before the High Court or a Federal court. [More…]
The interesting point is that the High Court of Australia or some other Federal court may have to determine that question. [More…]
I do not think that any judge of any court, particularly any judge of the High Court of Australia, would be in a position to chide me for warning or urging courts to act with extreme care when using that provision. [More…]
I will refer in a moment to a judgment of Sir Harry Talbot Gibbs, a Justice of the High Court of Australia, in Driscoll v. The Queen. [More…]
The High Court of Australia upheld his appeal and quashed his conviction. [More…]
So we are legislating on pretty sound grounds and we are in line with the decision handed down by the High Court just a few months ago. [More…]
(1) In this Part, unless the contrary intention appears- proceeding’ means a proceeding before the High Court or any court (other than a court of a Territory) created by the Parliament; 7d. [More…]
A decision of the High Court given at the end of last year has made it necessary to amend the law so that the averaging system applicable to primary producers is not available to people who have no real stake in a primary production business and have become a beneficiary in a primary production trust simply to gain the benefits of tax averaging. [More…]
The Bill will seek to remedy these defects and to give the Commissioner the same protection and immunity as a justice of the High Court. [More…]
As he undoubtedly knows, the proposition which has been put to the Government in relation to those schemes is that the Government should alter the law retrospectively to the period of eight or nine years ago so as to relieve people who might ultimately, depending upon the result of proceedings which are currently before the High Court, be found to be liable for the payment of gift duty. [More…]
I believe that the correct method of responding in relation to the Gorton schemes is to allow the law to take its course and for the current proceedings before the High Court to be determined. [More…]
The Lahore High Court, of course, last month sentenced former Prime Minister Bhutto to death following his conviction for the murder in 1974 of the father of a former political colleague. [More…]
We heard of it in the Karen Green case, in which a young girl was obliged to go to the High Court, on the basis of whether a Director-General whom we appoint and who acts in accordance with legislation which we pass in this House, should use valid criteria when exercising his discretion. [More…]
In Karen Green’s case it was not validly exercised in the first instance and it required a High Court decision to show clearly that one must use a discretion on a valid basis; that one cannot just use a discretion and assume that one has done so on a valid basis. [More…]
The additional power will facilitate the abandonment of cumbersome administrative procedures that had to be instituted following a High Court decision which indicates that the Commissioner does not always have power to amend assessments for that purpose. [More…]
I doubt very much, for instance, whether we would lock up the judges of the High Court of Australia for a contempt of the Parliament, as in fact happened in a case involving the House of Commons at an earlier time. [More…]
SAATAS has legal advice that with respect to scheduled station services granted to Chartair and another Katherine operator the Commonwealth has acted in a discriminatory manner actionable in the High Court of Australia. [More…]
The third charge is that the Commonwealth in granting air service licences to Chartair and Tillair had acted in a discriminatory manner actionable in the High Court of Australia. [More…]
At the time of making its nominations, the Group comprised Chief Justice of the High Court Sir Owen Dixon, former Chief Justice Sir John Latham, Sir Kenneth Bailey, then Commonwealth Solicitor-General, and Professor K. O. Shatwell, then Dean of the Faculty of Law in the University of Sydney [More…]
The only reason the Atomic Energy Act was proposed by the Labor Government to apply to the possible Ranger project was that the preferred alternative, the more appropriate alternative, the Petroleum and Minerals Authority, was invalidated by the High Court. [More…]
In other cases, where an appeal lay from the Industrial Court to the High Court of Australia by leave of the High Court, an appeal now lies from the Federal Court of Australia to the High Court. [More…]
In relation to the limitations on appeals to the High Court presently existing in the Act, these limitations have been retained in this Bill. [More…]
As it is proposed that there be no right of appeal from a single judge to a full court in relation to section 158P inquiries, the Government considers that there should likewise be no right of appeal to the High Court. [More…]
Government supporters cannot deny that there has been a very hot reaction from State governments and the threat that there would be High Court challenges to the legislation. [More…]
Alternatively, we might follow the procedure of passing the Bill, having it assented to by the GovernorGeneral, having it proclaimed and then finding that we are facing a constitutional challenge in the High Court of Australia which might delay the whole procedure for some months. [More…]
-They can go off to the High Court, says the Minister. [More…]
I did not think he wanted every citizen to go off to the High Court on the basis of a prerogative writ, but he is right; the High Court is about the only court to which they could go in order to work out what should be done about the enforcement of these codes. [More…]
Then, if there is no State legislation, the unfortunate citizen will have to take out some sort of prerogative writ to go off to the High Court and try to argue the situation. [More…]
If you are worried about that you can .go off to the High Court. ‘ [More…]
They could go off to a State court, but if they have to find a federal court to deal with the matter- it could be only the High Court- it would be a most expensive one and one which is likely to prevent them from exercising any of their normal judicial rights. [More…]
The increased sophistication of the tax lawyers and accountants, with the immense assistance of the attitude taken by the High Court in its interpretation of the taxation legislation, has enabled many loopholes in the legislation to be opened up in recent years, with the result that high income earners have been able to reduce their taxation liabilities drastically. [More…]
In this regard I draw the attention of the House to the High Court judgment of Mr Justice Isaacs in 1923 in which he said: [More…]
The annihilation clause has itself been annihilated by the High Court which has given this seemingly catch all section a very restricted interpretation. [More…]
A tax avoidance legislation may from time to time still have to be passed, but nowhere near as often as will be the case while section 260 remains in the castrated form to which it has been reduced by the High Court. [More…]
The role of the High Court is indeed worthy of mention not only in respect of section 260 but also for its impact on other sections of the Act. [More…]
It is amazing to the layman that the High Court can find that a transaction which netted a profit of $2,783 through the purchase and sale of shares could somehow bring the trader involved a tax loss of $188,217, but that is what the Court found in Curran’s case. [More…]
A number of amendments that are now before us have been made necessary by the High Court’s decisions upholding the legality of a particular scheme, or the likelihood that it would do so. [More…]
It would appear that the present and recent members of the High Court, with the odd exception, have had little regard to the dictum to which I referred earlier enunciated by Mr Justice Isaacs in 1923. [More…]
In this regard also it is enormously disturbing to note that a leading promoter of tax avoidance schemes in this country openly boasted recently that one of his top clients was a High Court judge. [More…]
High Court judges who are continually called on to adjudicate on tax avoidance issues should surely seem to be above such schemes. [More…]
If we want an argument even more impressive, let us turn to the opinions of probably the greatest justice ever appointed to the High Court, Chief Justice Owen Dixon, a man very well known to me. [More…]
Unfortunately, from various High Court cases I have read in recent times the same attitude seems to have crept into the Australian High Court of treating as ingenious these acts and devices which are practised by people to force someone else to pay their share of the tax. [More…]
In recent years the High Court has placed a very restrictive interpretation on that section. [More…]
High Court I suggest that a number of the Curran schemes- in fact the majority- would be found to be illegitimate and would be cast aside. [More…]
Instead of taking responsibility for this loss, they are endeavouring to convince Government that some ‘blame’ attaches to taxpayers that can be remedied by the introduction of retrospectivity: whereas in fact the blame lies with the Department and the Government permitting for many years, a state of affairs which the High Court publicised. [More…]
There is a lot of talk about the Curran case but I suggest that we ought to devote a little time to the recent High Court case of Slutzkin v. the Federal Commissioner of Taxation which means now that there is practically no barrier to the well-advised tax dodger against dividend stripping. [More…]
The High Court accepted Curran ‘s argument, despite previous decisions to the contrary. [More…]
For years this was interpreted on a reasonable basis by the High Court and in effect section 260 was designed- and obviously did so for some 40 years- to block access to tax avoidance schemes. [More…]
However, I regret to say that since the elevation of Sir Garfield Barwick the High Court’s interpretation has changed. [More…]
I support the retrospective application of the provisions which will attempt to remedy the mischief created by the majority decision of the High Court in Curran ‘s case. [More…]
We ought to recall that the majority judgments completely ignored previous decisions in the High Court cases of Bjelke-Petersen- a name with which we are all familiar- v. the Federal Commissioner of Taxation and McRae v. the Federal Commissioner of Taxation. [More…]
It would seem to me that the approach by the Chief Justice is not unusual, as he appears to put to one side all High Court precedents in tax cases, particularly those relating to section 260. [More…]
Judges of the High Court are fully entitled to refuse to follow the decisions of their predecessors. [More…]
However, it is customary to give reason for dissent and not to disagree by inference, as the High Court is presently doing under the leadership of Sir Garfield Barwick. [More…]
Great former Judges of the High Court- their Honours Dixon, Kitto and Fullagar- are being ignored and, if I might say so, their judgments are being thrown on the scrapheap. [More…]
This situation and the complete abnegation of section 260 by the present High Court has resulted in the loss of thousands of millions of dollars of revenue and the need to close the loopholes on a piecemeal basis as is being done in this Bill. [More…]
I cannot see how any responsible court apart from the High Court could accept this scheme as legal. [More…]
However, knowing the reluctance of the High Court to look at substance rather than form and knowing its preoccupation with choice- that is, permitting the taxpayer a personal choice as to whether or not he pays tax- I accept that the law has to be amended to ensure that fraud does not continue. [More…]
It appears to me that the views on tax matters of many of the present members of the High Court have been coloured by their experiences prior to joining the Bench. [More…]
Most of the present members of the High Court had flourishing private practices which included a substantial amount of tax work. [More…]
Some members of the High Court have developed a tax dodge mentality. [More…]
It is interesting to note how the High Court, under the leadership of Sir Garfield Barwick, has been prone to accept the arguments of people who feel that they have found loopholes in taxation laws to lessen their taxation liability. [More…]
I seek leave to incorporate in Hansard a table comparing decisions of the High Court and decisions of the State Supreme Courts in taxation cases. [More…]
In summary, the table shows that the Commissioner of Taxation has a 42 per cent success rate in appeals to the High Court of Australia and a success rate of over 70 per cent in appeals to other courts. [More…]
When we take that fact together with the High Court’s failure in recent years even to recognise the existence of precedent, unless it suits its view, I think that we must ask whether the High Court is a suitable court to be hearing taxation appeals. [More…]
As Mr Justice Isaacs once said, it is better that the High Court be ultimately right than consistently wrong. [More…]
I suggest that because of the narrow, legalistic and technical interpretation of the Act one way to overcome this bottleneck could be to remove the High Court’s tax jurisdiction. [More…]
He can go first to the Taxation Board of Review- I have appeared before the Taxation Boards of Review- then to the Supreme Court, from there to the Federal Court and finally to the High Court. [More…]
It would surely lead to a decline in the excessive legalism shown in the recent decisions of the High Court, whose only beneficiaries, I regret to say, are nefarious lawyers and accountants and wealthy tax dodgers who devise schemes to avoid the proper contribution to the revenue according to the spirit and intent of the tax legislation. [More…]
The Government is acting selectively with regard to Curran schemes as compared with people who entered into other arrangements which were just as artificial but did not have the endorsement of the High Court. [More…]
Allied to the kind of effective sanction provided by an established rule of retrospectivity is the need to re-write section 260 of the Principal Act, which has been gutted by what can only be described as the Byzantine decisions of the High Court. [More…]
The interesting manner in which debate has progressed this afternoon is of great distress to me in that I have been appalled at the level of vicious personal attack on various High Court judges. [More…]
I think it is disgraceful to imply, as in fact did the honourable member for Hawker (Mr Jacobi), that High Court judges have a tax dodge mentality. [More…]
He suggested that the High Court was not the proper place to carry out tax appeals. [More…]
I agree that I have found the decisions of the High Court on tax matters not to be attractive; I disagree with them strongly. [More…]
I find it a fairly appalling method of debate in this chamber for honourable members to accuse, as did the honourable member for Hawker, members of the High Court of having a vested interest in finding against tax matters. [More…]
Whether or not we agree with the High Court’s tax decisions- I must say that I do not- I believe that that kind of debate does this House no merit whatsoever. [More…]
What I am saying is that whilst the Parliament has a right to do this, I suggest that it demeans itself when it passes legislation which, in essence, makes unlawful and subject to financial penalty something which was done, not only in accordance with the law but with the blessing of a High Court of Australia decision as long as four years ago. [More…]
It has been pointed out by the honourable member for Perth (Mr McLean) that in fact these measures- that are commonly known as the Curran schemes- were first brought to the light of day through the High Court in 1974. [More…]
It should have been done as soon as the High Court delivered its judgment in the Curran case in late 1 974. [More…]
The statement of the then Labor Treasurer, Mr Crean, the day after the High Court decision was issued made clear what was his attitude and what he expected to happen as a result of that decision. [More…]
I think it is important to refer to the High Court judgment itself because implicit in many of the remarks that honourable members have made is the suggestion that the immorality, as it is alleged, of the Curran scheme has sprung from the High Court or that the strange result that the High Court brought about implies some degree of criticism of that Court. [More…]
I want to make it quite plain that when one reads the judgment it is quite clear that the High Court was faced with a legal question and on the law as it stood in the interpretation of difficult and complex legislation it produced what it considered to be the logical result even though it is a result that as a matter of policy one could disagree with. [More…]
So it is clear that the High Court derived logically its conclusion and Mr Justice Gibbs in the politest judicial words said that the result was surprising. [More…]
Curran was a trader and the High Court decision was based on that, but what happened after that? [More…]
A footnote in that volume, after a summary of the facts of the Curran case and a brief statement on the High Court finding, clearly states: [More…]
Then, in 1977, there was a second judgment of the High Court upholding the Curran case. [More…]
Are people to be prejudiced now because two opportunities to participate in Curran schemes were handed over to them by the High Court of Australia? [More…]
If the honourable member for St George wants to run down the High Court of Australia, he should say so without going about it in a roundabout way. [More…]
First, let me refer to the fact that no action was taken in 1974 or 1977 after the High Court decisions. [More…]
Section 260, on the face of it, seems to say that all forms of tax avoidance, such as that dealt with in clause 9 and the other clauses of the Bill, are void as against the Commissioner, but in effect the High Court has rendered section 260 virtually useless in prohibiting tax avoidance. [More…]
Section 26 (a) has been rendered almost useless by the High Court and section 26AAA, which was introduced by the Labor Government to ensure at least short term capital gains were taxed, is relatively easily avoided. [More…]
Sir William Webb, formerly Chief Justice of Queensland and later a justice of the High Court of Australia, was appointed as Australia’s Atrocities Commissioner. [More…]
Whilst the Constitution makes specific provisions for the welfare and benefit of Aboriginals to be the responsibility of the Commonwealth there are many matters of a constitutional nature which have not been determined and there are many aspects of this matter which, if pursued to the final point of confrontation, would end with us in litigation in the High Court of Australia from which there would be no solution and no worthwhile result for the Aboriginal people involved. [More…]
The unions took the matter to the High Court which held that the Deputy Arbitrator in fact had power to grant a right of appeal and that, as the other orders were made on the erroneous assumption that he lacked jurisdiction to deal with the unions’ claim, they could not be allowed to stand. [More…]
The High Court’s decision has very serious implications for the management and continuing efficiency of the Public Service. [More…]
The possibility of legislation being introduced to that effect was mentioned in the High Court proceedings and when the matter was resumed before the Deputy Arbitrator. [More…]
However, during the High Court proceedings, some doubt was raised as to the capacity of the Public Service Arbitrator and the Deputy Arbitrator to make such orders. [More…]
In particular, the 1878 admiralty chart was referred to when the territorial extent of Queensland was examined in the legal context of the seas and submerged lands litigation in 1975 in the High Court. [More…]
In the Seas and Submerged Lands Act case there was clear difference of opinion between the members of the High Court of Australia as to whether the territorial sea fell within the territorial limits of Australia. [More…]
The two other members of the High Court, Mr Justice McTiernan and Mr Justice Murphy, took the view that the territorial sea was attached to Australia. [More…]
However, it is the policy of our Party that only matters of law should be subject to a hearing by the High Court and matters of an industrial nature should remain within the confines of the industrial division of the Federal Court. [More…]
Council’s recent venture into this area despite our view that our High Court had the ability, which it has, to determine all these matters. [More…]
The Privy Council did not even mention the decision of the High Court of Australia in the case of Bonser v. La Macchia which, as you would know, Mr Deputy Speaker, was a New South Wales action. [More…]
In that case, the High Court clearly implied and subsequently established by another case that the Australian Government had jurisdiction that distance from the land. [More…]
The extraordinary feature of the decision of the Privy Council was that it made no reference to the decisions of the High Court, nor did it make any reference to the fact that this Parliament had passed the seas and submerged lands legislation. [More…]
They make no reference to the decisions of the High Court and they applied some ancient British law which deemed this act to be theft on the high seas. [More…]
However, this raises a difficulty because in the case involving the Seas and Submerged Lands Act members of the High Court approached the matter on a different basis. [More…]
Of course, it was not a point for decision as to whether the territorial sea was within the territorial limit of Australia and, therefore, the statements of the High Court at this stage are only obiter dictum. [More…]
It is simply saying: ‘We will leave it to the High Court. [More…]
The Government is virtually asking the High Court to do the work for it. [More…]
After that historic case, in which he successfully stood alone against several notable King’s Counsel, he appeared in many famous constitutional cases before the High Court and the Privy Council. [More…]
South Australian power industry have been before the Full Bench of the Conciliation and Arbitration Commission for some time and the case has been delayed because of a pending High Court decision relating to whether the State Electricity Commission of Victoria could intervene in the proceedings. [More…]
The High Court clearly said that the Federal Government has the right, the jurisdiction and the duty. [More…]
Speaking in 1903, a former Premier of Queensland, Sir Samual Griffiths, first Chief Justice of the High Court, said: [More…]
When the Deputy Public Service Arbitrator refused to deal with the central issue the matter was taken to the High Court. [More…]
The High Court left no doubt as to its belief in the jurisdiction of the Deputy Arbitrator. [More…]
In an extremely important decision, the High Court completely vindicated the stand of the Associations and ruled against the stand being taken by the Government. [More…]
In its decision, after giving its interpretative reasons, the High Court said: [More…]
It was confirmed in this most recent High Court decision. [More…]
This was established by the High Court of this country. [More…]
However, the High Court decided in these cases that an appeal is fundamental, and it overruled the Public Service Arbitrator who was taking the view that he had no jurisdiction in regard to appeals affecting the conditions of employment of these public servants. [More…]
It did not go on strike; it took the matter to the High Court. [More…]
At its own risk and at considerable cost the union took the matter to the High Court and the High Court, of course, upheld the union’s point that the right of appeal was a fundamental condition of employment. [More…]
The High Court upheld their appeal and costs were awarded against the Government. [More…]
In placing this Bill before the Parliament, the Government is virtually thumbing its nose at the decision of the High Court. [More…]
In effect that will completely undo the decision of the High Court in a most contemptuous way. [More…]
It could quite easily have accepted the decision of the High Court. [More…]
The Government may not have been sure that the right of appeal was a condition of service, but the High Court said that it was. [More…]
As it turned out, the High Court of Australia upheld that appeal. [More…]
I mentioned a moment ago the remarks of the honourable member for Hughes who alleged that, following the High Court decision in the Commonwealth Employment Service dispute, the Government had altered the law to suit its own purposes. [More…]
So far as I am able to determine there was no court decision in relation to this particular aspect until the High Court decision of recent date to which the honourable member referred. [More…]
In New South Wales the Premier had threatened High Court action if the Government did not change the name of this new Federal bank. [More…]
The validity of such notices in these circumstances has been raised in proceedings in the High Court in respect of alleged offences against the Banking (Foreign Exchange) Regulations and the purpose of the Ordinances and Regulations (Notification) Bill is to remove the possibility of invalidity flowing from the unavailability of copies. [More…]
However, the Bill expressly provides that the validation it provides for is not to affect existing prosecutions under the Banking (Foreign Exchange) Regulations, thus excluding the High Court proceedings referred to from the scope of the Bill. [More…]
It was a reform that was guarded jealously by previous Liberal-Country Party governments, including the Menzies Government which made sure that the High Court did not agree to any proposal by any State to end uniform taxation. [More…]
If the Territory Legislature sought to pass an excise or customs duty, what would happen if a taxpayer challenged a particular class of tax, claiming that it was a customs duty, that the parliament of the Northern Territory had not the power, but the High Court said that it had, because we had given it plenary power. [More…]
I find it curious, in discussing the matter with people who have expertise in this area, that on the one hand they say to me, ‘Oh no, it does not matter; you need not limit the legislative power; we can withdraw it by the exercise of section 122; section 5 1 legislation of the Commonwealth prevails over the whole of the Territory, because the Territory has been held by the High Court to be part of the Commonwealth’- and rightly so- ‘and therefore its legislation, contradictory to our section 5 1 legislation, would be repugnant, and would fall to the ground on that argument’. [More…]
It is clear from High Court decisions that we can pass legislation which says that the people in the Territory will not have any rights at all. [More…]
I am advised that appeals from the Northern Territory are heard in the Federal Court and not in the High Court and that special leave is needed from the Federal Court for an appeal to be heard by the High Court. [More…]
-Is the Minister for Transport aware of the disruptive tactics adopted by his Department following the decision of the High Court of Australia in favour of AUS Student Travel Service Pty Ltd operating charter flights to and from Australia? [More…]
The outcome has been a High Court challenge and the High Court has upheld the Government’s action. [More…]
It is by this Government, by legislation, taking over that land, securing it, paying for it if it must- I have pointed out in this House before that a very interesting debate could take place in the High Court and various other places as to what the Government ought to pay for it- and then proceeding to deed it to the Aboriginal people in perpetuity. [More…]
I am advised that at the present time there is an action before the High Court on the basis that copies of the regulations have not been available for sale or purchase at the time and in the place they were made. [More…]
There is no retrospectivity involved in the litigation now before the High Court. [More…]
The three Bills that I have just referred to are Bills which have been brought into the Parliament to validate certain Acts which have been raised in proceedings in the High Court of Australia in respect of alleged offences against the banking foreign exchange regulations. [More…]
-Notwithstanding the remarks of my honourable colleague the member for Macarthur (Mr Baume) who has been unusually misguided on this question of retrospectivity, with the greatest respect to him I applaud the fact that in this instance the Government has gone out of its way to ensure that the validating legislation shall not be retrospective and shall not in any way interfere with the question which is before the High Court of Australia for judicial determination at this point of time. [More…]
Honourable members will recall the IPEC case which many years ago went not only to the High Court of Australia but, indeed, to the Privy Council. [More…]
I also congratulate the Government on not changing the law while a question of importance is before the High Court of Australia. [More…]
I just want to defend the record for my friend Lionel Murphy, now a justice of the High Court of Australia. [More…]
I seek leave to incorporate in Hansard sections 23,31,32 and 33 of the Lahore High Court Summary of Judgment which illustrate the points I have made. [More…]
The present situation, which the Asprey Committee has described as ‘unacceptable’, results from a High Court decision some years ago to the effect that the trust provisions of the income tax law have application only to Australian-source income of trusts. [More…]
Eventually, after a High Court judgment, between $3m and $4m was paid for it. [More…]
High Court decisions in cases like Russell v. Russell and Farrelly v. Farrelly have created new problems in the area of property and maintenance that members of this Parliament, at the time of supporting the implementation of the Family Law Act could not have foreseen or interpreted. [More…]
An early judgment of the High Court, in the Union Label case in 1908, concluded that the Commonwealth legislative powers in respect of trade marks did not extend to marks applied to goods to identify the source of labour employed by the manufacturers of those goods. [More…]
The Government, however, has recently been informed by its legal advisers that that conclusion is not consistent with interpretations of the Constitution by the High Court of Australia subsequent to the Union Label case and that the trade marks provision of section 51 (xviii) of the Constitution does, in fact, empower the Commonwealth to legislate in respect of marks used to identify and distinguish services. [More…]
In view of the recent decision of the High Court on the constitutional role and powers of the Australian Wheat Board, can the Minister say when the Government is likely to consider the report of the Industries Assistance Commission on wheat stabilisation? [More…]
Has the High Court’s decision in any way affected the value of the IAC’s findings and recommendations? [More…]
Let me say that there is no fear that the present arrangements will in any way be prejudiced by the decisions reached by the High Court; nor of course will they be prejudiced by the IAC recommendations for future stabilisation. [More…]
The High Court decision, however, has certainly given to the wheat industry far greater certainty in the form of alternatives available in the regulation and stabilisation of wheat marketing in this country. [More…]
The High Court decision means that the arrangements as they now apply can be enforced by the Australian Wheat Board and that private trading significantly therefore will be in contravention of present complementary Commonwealth-State legislation. [More…]
I believe that the High Court decision may also have application to other primary industries where the circumstances are similar. [More…]
I cannot help but feel that if there were some people in that area who were wealthy enough to contest that in the High Court of Australia that statement might be shown to be not as careful as it ought to have been. [More…]
The High Court of Australia has upheld the rights of members from the Territory to be here and to vote in full. [More…]
These relate particularly to access to and parking at the High Court and National Gallery sites and general improvement of traffic patterns within the parliamentary area. [More…]
Therefore the recent decision of the High Court means that, if there is to be across-border trading, it can only be carried out either through a change in the present arrangements or with the sanction of the Austraiian Wheat Board. [More…]
I would like to draw attention to the comments made in the High Court decision in favour of the Australian Wheat Board. [More…]
I agree with those judges of the High Court. [More…]
This reflected an earlier judgment by the High Court in the union label case of 1908. [More…]
The Government’s legal advisers recently have advised, however, that this conclusion is not consistent with subsequent High Court decisions in this area; that the provisions of section 5 1 (xviii) of the Constitution empower the Commonwealth to legislate in respect of trade marks concerning services. [More…]
The High Court will be finished in 1980, the National Gallery in 1 98 1 , and there are some people who think that some other large building on a hill might be erected before the turn of the century. [More…]
As a final comment, I also inform the honourable gentleman that the proposal was ultimately approved by the High Court of Australia exercising its jurisdiction under the Life Insurance Act. [More…]
-It is true that as a result of the High Court decision the stabilisation arrangements introduced long since by this Parliament have been held to be constitutionally valid. [More…]
I understand it has still to determine finally its policy with respect to trading within Australia, but I have little doubt that the product of the High Court decision is that wheat growers throughout Australia will receive significantly more for wheat traded domestically than has been the case in the last few years, and this is something that I think every wheat grower generally would welcome. [More…]
High Court cases in great numbers are required to interpret it, and I refer particularly to the Curran scheme, where I believe the interpretation was probably not even a legal one; certainly it was not an accounting interpretation. [More…]
I well remember the words of Chief Justice Dixon many years ago in a High Court case when he was asked to define income. [More…]
It was taken to the High Court of Australia and prevented from continuing its actions which were illegal. [More…]
Does the Government suggest that the Australian Wheat Board should be done away with because it is a socialist venture and because, under a High Court decision, it now owns all the wheat that is produced? [More…]
The recent High Court of Australia decision confirmed the basis of wheat stabilisation under the current scheme for the coming harvest. [More…]
I refer to the current High Court challenge by an organisation named Defence of Government Schools, or more commonly known as DOGS, against the Federal Government’s right to fund independent schools in Australia. [More…]
The present situation goes back to 1973 when a group of Victorians obtained the Victorian Attorney-General’s fiat to seek to invalidate in the High Court the validity of the Commonwealth Acts under which grants are provided for non-government schools. [More…]
A couple of big projects- the Art Gallery and the High Court- will be completed fairly soon and when they are finished there will be no major projects going on in Canberra. [More…]
The High Court might well have been saved the trouble if the idea I have spoken about before in this place had been implemented at the very beginning. [More…]
Would you believe, Mr Deputy Speaker, that this organisation which could not survive without Federal Government fundingtaxpayers ‘ money- has the audacity to take out a writ in the High Court of Australia against the Treasurer (Mr Howard) and the Minister for Environment, Housing and Community Development (Mr Groom) with regard to the tourist development at Yeppoon in Queensland. [More…]
The cost of the project is unknown as recent High Court of Australia decisions on appeals against compensation requires new valuations for unsettled claims. [More…]
The reason why Lionel Murphy, now His Honour Mr Justice Murphy, a judge of the High Court of Australia, introduced this set-up when he was Attorney-General- it was opposed by the conservatives and Tories who sat opposite us- was that he knew as well as we in the Labor Party knew that there were people in our community who were being denied justice because they had no shekels in their pockets just as there were people in our community who were being denied health care because they could not afford it. [More…]
It is rare in public life for anybody to be vindicated but I believe that tonight five barrister members of the Government parties have been vindicated by the historic decision of the High Court of Australia in the case of Sankey v. Whitlam and others. [More…]
I want to read some passages from the judgment of the High Court because I believe it is important that the Parliament notes that the highest court in the land has now clearly and expressly stated what the law on this matter is. [More…]
I believe that tonight he stands vindicated by the High Court of Australia. [More…]
The High Court of Australia has endeavoured to pass a ruling or make a statement which concerns the privileges of this honourable House. [More…]
I would be grateful if you, Mr Deputy Speaker, would convey my views to Mr Speaker- that the High Court ‘s decision is ultra vires. [More…]
What proposals does he have to amend section 260 of the Act to overcome the deficiencies revealed by this decision and a series of other High Court decisions. [More…]
I refer to the decision of the High Court last Thursday in what is known as the Sankey case. [More…]
In considering what alternative approach can be taken, one has to bear in mind that the problem for the Government has been made much more difficult than it otherwise would have been by the actions of the High Court in this country. [More…]
I do not have time to go into this area in any detail, but I think it is well known by all honourable members that section 260 of the Income Tax Assessment Act is one that has been written down by the High Court over the last decade or so to the point of near meaninglessness. [More…]
Somehow this has been interpreted by the High Court as not applying and therefore the Government has no general annihilation provision, as it is known, in the Act, working to prevent tax avoidance schemes being utilised. [More…]
It should not just accept the fact that the High Court is able to ignore the wishes of parliament when it introduced such a provision and to interpret that section in a way which renders it virtually meaningless. [More…]
I know that a view has been expressed by, I think, a Privy Councillor in Britain or by the High Court. [More…]
I put it to the House- this was mentioned by the honourable member for Gellibrand (Mr Willis)- that it is in many respects retrospective, but to a minor extent there is a guarding clause to prevent retrospectivity, and I am thankful for that Further, I want to put pretty clearly to this House that there is a long line of High Court decisions which show clearly that the decision in Nilsen ‘s case was legitimate and proper. [More…]
I have said, and I emphasise it again, that it is consistent with a long set of rulings of the High Court of Australia. [More…]
In that case the High Court held that the word ‘outgoing’ in section 51(1) has been- I want to emphasise these words- interpreted as covering outgoings to which the taxpayer is definitively committed in the year of income although there has been no actual disbursement. [More…]
I also ask people who like the law and above all have a tremendous admiration for the legal practitioners in Australia, particularly those who go on to the High Court bench, to read the decision of Dixon C.J. [More…]
Therefore I would like to see a brief relating to section 260 of the Act given to lawyers outside the AttorneyGeneral ‘s Department with a view to devising some change to the legislation to enable it to stand up against tax avoidance schemes as interpreted by the High Court. [More…]
Unfortunately the Office has not been helped by the High Court which in a number of cases has found against the Office and in favour of those organisations or companies which themselves have been conducting what could only be called the most outrageous tax avoidance schemes. [More…]
I would like to cite a few of these cases which have come before the High Court and in which the Court has ruled against the Office and in favour of the tax avoider. [More…]
I wish to deal particularly with the minority judgment of Mr Justice Murphy in the High Court in the case of the Commissioner of Taxation, the appellant, and South Australian Battery Makers Pty Ltd, the respondent. [More…]
As I said, the High Court itself for some reason or other has departed from the practices of the past when it did take account of the legislative intent. [More…]
While the case is on appeal to the High Court, I believe in respect of both parties, the matter will remain in this situation of uncertainty and the final decision will determine the ability of taxpayers to take advantage of a situation some 12 to 18 months in arrears. [More…]
I do not think either that we need to debate tonight the recent High Court of Australia decision with respect to section 92 of the Constitution. [More…]
Quite plainly, if any funds had been raised under that particular authority the matter would have been taken to the High Court. [More…]
Up until the High Court’s decision, a large amount of this wheat was sold outside the control of the Wheat Board. [More…]
I was impressed with the concern of some of these people, who will be seriously affected by the High Court’s decision. [More…]
I ask the Minister to cushion the effect of the High Court’s decision as much as possible. [More…]
I know that some people do not like talking about the High Court’s decision when we are discussing the stabilisation Bill, but it must be remembered that my electorate is probably affected more severely than any other electorate in Australia. [More…]
Quite obviously, the decision of the High Court of Australia has caused a good deal of concern in many sections of the industry, particularly in wheat growing areas adjacent to State boundaries. [More…]
We are all aware of the circumstances that prevailed before the High Court decision. [More…]
I assure the House that I certainly have been most concerned to see that no farmer will be disadvantaged because of the High Court decision and the lack of future availability of private trading facilities. [More…]
I know that the State of the honourable member for Riverina- my own State of New South Wales- it is very important that Grain Elevators Board, which is responsible for handling grain, plays its part to ensure to the maximum extent possible, that no grower suffers because of any changes imposed on the industry through the application of the High Court decision. [More…]
Here in the Parliamentary triangle, we have our great National Library and the new National Gallery and High Court are already under construction. [More…]
Challenges were brought to it; indeed they went as far as the High Court, and many discussions took place in government. [More…]
The need for these amendments arose out of a High Court decision to the effect that the trust provisions of the income tax law do not apply to income of a trust that is derived from a foreign source. [More…]
Reference in that Act to appeals to the High Court has been omitted because such appeals now lie to the Federal Court of Australia under the provisions of the Federal Court of Australia Act 1976. [More…]
As a result of challenges in the High Court of Australia, the 1924 Act was declared invalid as being contrary to the provisions of section 92 of the Constitution. [More…]
What is the projected cost of the construction of the new High Court Building in Canberra and what is the estimated date of completion. [More…]
As at June 1978 the estimated cost of the new High Court Building was $33.6m. [More…]
The development of the design has called for the closest collaboration between the architects, the builder, the National Capital Development Commission and the user, represented principally by the Chief Justice and the Attorney-General’s Department A great deal of reliance has been placed on the user in relation to the functional requirements for the High Court, and in this respect the contribution and continuing interest of the Chief Justice has been of outstanding value. [More…]
The most significant adjustments to the internal design of the High Court Building have been: [More…]
I refer to the decision of the High Court last Thursday in what is known as the Sankey case. [More…]
The Justices of the High Court themselves examined the Loan Council documents. [More…]
Will the Attorney-General see that copies of High Court judgments are supplied without cost to those Members of the Parliament wishing to learn how that Court is interpreting the legislative powers of the Commonwealth and the meaning of statutes passed by the Parliament. [More…]
From the beginning of 1979 my Department will provide the Parliamentary Library at fortnightly intervals with short summaries of the more important judgments of the High Court and also of the Federal Court of Australia, the Territory Supreme Courts and the Administrative Appeals Tribunal. [More…]
It is proposed that copies of the summaries will be available on request to members of the Parliament With this assistance members will be able to identify the judgments in which they are interested and to study particular judgments if they so wish; five copies of all judgments of the High Court are held in the Library. [More…]
(a) I am advised that the Attorney-General recently reviewed a decision of the Australian Legal Aid Office not to grant aid to Mr Wacando to enable him to institute proceedings in the High Court of Australia and agreed with the Office that this was not an appropriate instance for a grant of aid to be made. [More…]
The desirability of reviewing the existing law relating to offences at sea was referred to by the Chief Justice of the High Court, Sir Garfield Barwick, in 1974 in the case of The Queen v. Bull reported in Volume 131 of the Commonwealth Law Reports, at page 203. [More…]
The Bill now before the House represents the first fruits of the consultations and agreements between the Commonwealth and the States initiated by this Government to deal with the situation it faced following upon the decision of the High Court in the Seas and Submerged Lands Case in late 1975, 135 CLR 337. [More…]
The object of the exercise which we have been engaged in since 1977 has been to endeavour, on the basis of federalism, to restore to the States powers, many of which were thrown in great doubt as a result of the High Court decision. [More…]
Legislation enacted in 1976 to establish the Federal Court of Australia and to restructure the appellate jurisdiction of the High Court left a number of loose ends to be tidied up at a later date. [More…]
the relief of the workload on the High Court of both appellate and original jurisdiction; [More…]
The 1976 legislation removed from the High Court the original jurisdiction that it had under Commonwealth law in the areas of greatest workload. [More…]
The High Court should be free to concentrate on its role as a constitutional and appellate court in matters of general importance. [More…]
The Court has also replaced the High Court as the court of appeal from Territory supreme courts. [More…]
to divest the High Court of original juris diction vested in it by statute, other than original jurisdiction as a court of disputed returns under the Commonwealth Electoral Act; [More…]
In removing the original statutory jurisdiction of the High Court, the Bill does not, of course, purport to limit the jurisdiction conferred directly on the High Court by the Constitution. [More…]
Thus in some cases where a statute now confers a right to proceed against the Commonwealth in the High Court, repeal of the statutory provision would still leave intact the constitutional jurisdiction of the High Court in matters in which the Commonwealth is suing or being sued. [More…]
Where the statutory right to proceed against the Commonwealth is moved to State or Territory courts, those courts would have a jurisdiction in those matters concurrent with the jurisdiction vested in the High Court by the Constitution. [More…]
If such an action is commenced in the High Court, that court is empowered under the Judiciary Act to remit the proceedings to the appropriate State or Territory court. [More…]
An appeal from a decision of a State or Territory court, including a decision in an action for an infringement of copyright or design, is to lie only to the Federal Court of Australia or, by special leave of the High Court, to that court. [More…]
Amendments made by the Bill will remove the original jurisdiction conferred on the High Court under the Copyright Act 1968 and the Designs Act 1906. [More…]
The jurisdiction of the High Court under section 28 of the Designs Act to cancel the registration of a design or to grant a compulsory licence for the manufacture of articles to which the design is applied is transferred to State and Territory supreme courts. [More…]
An appeal from the Full Court of the Federal Court of Australia to the High Court of Australia will lie only by special leave of the High Court. [More…]
An appeal may be taken directly from the State or Territory supreme court to the High Court by special leave of the High Court. [More…]
Because, under the Federal Court of Australia Act, an appeal lies as of right from the Full Court of the Federal Court to the High Court when a sum of $20,000 or more is in issue, many income tax appeals may lie as of right from the Federal Court to the High Court. [More…]
It had been intended that an appeal would lie to the High Court in income tax matters only by special leave of the High Court. [More…]
In the legislation as introduced into the Parliament in 1976, this result was achieved because the Federal Court of Australia Bill provided that an appeal might be taken to the High Court from the Federal Court only by special leave of the High Court. [More…]
That Bill was amended during the course of debate to provide that an appeal would lie as of right from the Federal Court to the High Court in the same circumstances as an appeal would lie as of right from the Full Court of a State supreme court to the High Court under the amendments to the Judiciary Act then introduced. [More…]
Where the High Court still has, under taxation legislation, original jurisdiction in taxation prosecutions, that jurisdiction is to be removed. [More…]
Part VIII of th Bill provides for the amendment of the Lands Acquisition Act 1955 so as to remove the jurisdiction conferred by that Act on the High Court. [More…]
Under the Act, the High Court has conferred on it jurisdiction concurrent with State and Territory courts. [More…]
The Bill makes appropriate provisions preserving existing rights to appeal to the High Court under the taxation legislation and to preserve the jurisdiction of the High Court in respect of proceedings instituted in the High Court at the date on which the relevant provisions of the Bill are brought into operation. [More…]
Clauses 125 to 128 of the Bill provide for the High Court to remit pending proceedings or proceedings arising out of rights of appeal accrued at the date the Bill comes into operation to a State or Territory supreme court having jurisdiction in that proceeding. [More…]
It may be recalled that the Judiciary Act was amended in 1976 to give the High Court a general power to remit proceedings brought in the original jurisdiction of the High Court to appropriate State or Territory courts. [More…]
Others give effect to the policy of removing from the High Court original jurisdiction under Commonwealth statutes. [More…]
These cases are the present jurisdiction of the High Court under the Banking Act, the jurisdiction to determine references of questions of law from the Courts-Martial Appeal Tribunal, the jurisdiction to declare unlawful associations under the Crimes Act, certain jurisdiction of the High Court under the Insurance (Deposits) Act, the power to try on a summary basis prosecutions for offences against the Royal Commissions Act and certain jurisdiction under the Treasury Bills Act. [More…]
This is due to a High Court decision in the Union Fidelity case of 1969. [More…]
Once again, the learned judges in the High Court acted to frustrate Parliament’s intentions in tax legislation and put their stamp of approval on the loss of a considerable amount of revenue. [More…]
Section 260 of the Act, the annihilation provision, on the face of it, declares tax avoidance schemes to be illegal but it has been interpreted in such a way by the High Court as to be meaningless. [More…]
Surely it must be rewritten in an attempt to draw it in such a way that the High Court will have to uphold it and find tax avoidance schemes to be illegal. [More…]
Firstly, the High Court ruled in 1 957 that section 102 did not apply if a child was only contingently entitled to income from the trust, that is, if property was settled on the trust for an infant subject to his attaining, say, the age of 25 or marrying before that age. [More…]
Also in 1970 the High Court in what is known as Truesdale’s Case also ruled that the section had no application if the trust is created by someone other than the parent or the child beneficiary. [More…]
The High Court of Australia recently determined that foreign source income earned by an Australian resident could be accumulated in a trust without being liable for the payment of Australian tax. [More…]
The second provision is designed to overcome a decision by the High Court of Australia that the existing trust provisions in Division 6 of the Income Tax Assessment Act have application only to Australian sourced income from trusts. [More…]
As the law now stands because of the High Court decision, people can defer or escape completely the payment of tax on foreign sourced income accumulated in trusts for their benefit. [More…]
While on the question of the High Court, I draw attention to a minority judgment concerning the Commissioner of Taxation as appellant and South Australian Battery Makers Pty Ltd as respondent. [More…]
Without a doubt time after time the High Court of Australia- there have been some quite worrying rumours as to the motives in some cases- has upheld the tax avoider against the Taxation Office. [More…]
Honourable members Will recall that in a recent speech I pointed out that over recent years section 260 had been completely denigrated by the High Court under Sir Garfield Barwick, and I make no apology for that statement. [More…]
The rot really set in when the High Court delivered its decision in the recent case of Slustzkin v. The Commissioner of Taxation. [More…]
In essence, that case differed little from cases such as the Newton, Bell, Hancock and Mayfield cases in which the High Court of the day had no difficulty in deciding that, despite the electorate facade which the taxpayers had erected around the relevant transactions, the dividend strips constituted schemes for the avoidance of tax and were caught by section 260. [More…]
The only change has been in the interpretation of the High Court. [More…]
The High Court in Slustzkin ‘s case completely ignored the cases which I have mentioned, and the three judges, Barwick, Stephen and Aickin did not even go to the trouble of distinguishing between these cases in any way. [More…]
I propose to quote freely from the contributor’s comments as they are particularly relevant to the High Court interpretation of section 260. [More…]
The High Court of Australia reversed the decision. [More…]
After discussing the Privy Council decision in the case of Europa Oil (New Zealand) Limited (1976), reported in INZ LLR546, the writer refers specifically to the reliance placed on this decision by the High Court in Slustzkin ‘s case and went on to say, and this is particularly relevant: [More…]
Accordingly the learned Judges in the High Court misdirected themselves by applying the incorrect analysis of the Europa Oil No. [More…]
The writer of the article then went on to discuss the High Court’s preoccupation with the doctrine of choice, that is, basically, that if any other section of the Income Tax Assessment Act gives the taxpayer a choice of action, then section 260 has no application. [More…]
However, I submit that this time it is justified because the decision of the High Court is so diametrically opposed to all dividend stripping precedents set by the High Court in the preBarwick days. [More…]
I suggest that the so-called doctrine of choice could be nullified if section 260 were amended in order to deny the High Court the right to adopt this fallacious reasoning. [More…]
It is my understanding that this test has been completely abandoned by the current High Court, which apparently takes the view that tax dodging is a virtue and is to be encouraged at all costs. [More…]
This seems to be completely in conflict with the New Zealand Court and the High Court of the United Kingdom. [More…]
I feel sure that judges such as Lord Denning must shudder when they read the tax decisions of the Australian High Court. [More…]
That decision laid down principles which the Australian High Court followed for many years until the current Chief Justice presided. [More…]
One notes the article in the National Times of the 17 June last year, by Mr P. P. McGuiness, headed ‘How the High Court Helps Tax Dodgers’. [More…]
I also ask the Minister to refer to Mr McGuiness or to talk to the Commissioner of Taxation so that he may consider the matter with a view to taking another Slustzkin scheme to the High Court. [More…]
This might be legitimate in the light of the High Court’s mistakes and misconceptions described in this excellent article. [More…]
I do not think the interpretation of this section reflects on the current High Court of Australia just because of the personalities involved. [More…]
Certainly, many of the decisions that have been handed down by the High Court are ones that make people in the street and in the accounting profession wonder about the legality of section 260. [More…]
It seems that once again the High Court of Australia decided, on a strictly legal interpretation of tax laws, to benefit tax avoidance. [More…]
The honourable member knows from his study of the interpretations of the existing section 260 by the High Court of Australia that that is no easy matter. [More…]
The matter of the hen levy is one which has gone before the High Court of Australia. [More…]
Rather than legislative confrontation whereby the Commonwealth, without seeking the approval and co-operation of the States, legislates and awaits the outcome of inevitable High Court challenges to settle the full extent of the Commonwealth^ constitutional power, this Government has followed a policy of co-operative federalism. [More…]
This amendment is prompted by several cases in the courts the most recent of which was a decision of the High Court. [More…]
An attempt to secure such legislation- the Australian Industries Preservation Act of 1906- was declared invalid by the High Court in the earlier part of this century. [More…]
The High Court decision in McKinlay’s case clearly indicated that we are subservient to whatever any State government or parliament might say about our right to vote. [More…]
Gallery and High Court are now under construction. [More…]
We acted upon that view by passing the Seas and Submerged Lands Act, which was upheld by the High Court in 1975. [More…]
It is submitted that upon the true construction of the Constitution Sections 71, 73 and 74, the Privy Council (Limitation of Appeals) Act 1968, and the Privy Council (Appeals from the High Court) Act 1975, the prerogative to hear appeals from State Supreme Courts in any matter commenced in a Court on or after 8 July 1 97 5 has been taken away. [More…]
It guarantees that we now have, by virtue of our own constitutional powers, the ability to confer final jurisdiction in our own court, the High Court of Australia. [More…]
We welcome the fact that the High Court is to be relieved of original jurisdiction invested in it by statute. [More…]
The only exception is to be the jurisdiction of the High Court to act as a court of disputed returns under the Commonwealth Electoral Act. [More…]
The High Court, as the pinnacle of the Australian judicial system, should be free to concentrate on its role as a constitutional court, a court for settling intergovernmental disputes and an appellate court in important cases. [More…]
Of course, the High Court of Australia also has original jurisdiction invested in it under the Constitution, namely, under section 75. [More…]
For example, the High Court has original jurisdiction where the Commonwealth is suing or being sued. [More…]
By creating a statutory right to proceed in State and Territory courts in these cases, it can be expected that people will normally take advantage of this right rather than proceed in the High Court under its original jurisdiction. [More…]
The position of the High Court as the apex of State and Federal courts gives Australia a built-in advantage of uniformity which the United States of America does not have. [More…]
For example, in 1 976 the High Court decided in the case of Russell v. Russell that this Parliament, the national Parliament, does not have power to deal with all the matters involved with the custody of children and matrimonial property. [More…]
The limitation of appeals to the High Court is a matter of concern but in view of the ever-increasing work load of the High Court, it is regrettably necessary. [More…]
We could take the view that anything which limits the number of appeals to the High Court in taxation matters should be welcomed in view of the annihilation by the High Court, particularly under the present interpretation of Their Honours, of the legislative intent of the Income Tax Assessment Act. [More…]
However, we live in hope that the judicial attitudes of the High Court will change and it is appropriate that the High Court should retain jurisdiction to hear appeals by leave or by special leave. [More…]
That pattern, as the Minister for Employment and Youth Affairs (Mr Viner), who is at the table, will confirm, was basically to take away part of the jurisdiction of the High Court of Australia and to vest that jurisdiction in either the Federal Court of Australia or the State Supreme Courts. [More…]
the relief of the workload on the High Court of both appellate and original jurisdiction; [More…]
I think it would be fair to say that there were some people, particularly people in outlying States, who viewed the 1 976 legislation which this Bill continues, with some apprehension in that it did appear that access to the High Court of Australia could well be limited to those who had the convenience of living in Melbourne and Sydney and access to Canberra when the High Court of Australia is permanently based in the Australian Capital Territory. [More…]
A lot of people in Western Australia, Queensland and Tasmania were concerned that the High Court was being, in essence, converted into an exact replica of the United States Supreme Court which is permanently based in Washington. [More…]
Indeed, it was the expressed, and publicly expressed, view of Sir Owen Dixon, Australia’s greatest Chief Justice of the High Court, that the High Court of Australia should travel into every State of Australia and should be accessible to the citizens of Australia whether they live in Hobart, Rockhampton, Brisbane or Bunbury. [More…]
The High Court of Australia is to be permanently based in Canberra. [More…]
I want to make the very earnest plea that it will do no good to this Commonwealth and no good to the people of Australia if the High Court of Australia hibernates in Canberra in some sort of legal Taj Mahal. [More…]
I believe that the High Court of Australia is the people’s court. [More…]
I believe it would be the wish of at least some members of the present bench of the High Court that after the High Court takes up permanent residence in Canberra it will, nevertheless, continue to visit the outlying States on a regular basis. [More…]
If the High Court will not move from Canberra, if someone has some idea that the High Court will be permanently based in Canberra, the Commonwealth Government, whichever party is in power, will have to pick up the tab to enable litigants from Queensland, Western Australia, South Australia and Tasmania to get to the High Court. [More…]
If this is not done we will find that within the space of one or two years the High Court will become the province of the rich and the privileged in Melbourne, Sydney and Canberra- the companies and corporations which can easily afford to travel to High Court hearings in Canberra. [More…]
I want to make the point- and I know the Minister, because of his practical experience in his lengthy and distinguished career at the bar in Western Australia would recognise and, indeed, accept what I am saying- that the High Court must never become inaccessible to the ordinary man whether he lives in one of the major population centres or whether he is sensible enough to live in one of the more beautiful and less populated States of Australia. [More…]
Whilst I am on that subject, might I say that it still does not seem to me to be right that for 79 years a man from Western Australia, South Australia or Tasmania has not been considered appropriate for appointment to the High Court of Australia or has not been prepared to accept such an appointment. [More…]
I find it incredible that in 79 years of this Commonwealth no Western Australian, Tasmanian or South Australian has ever been appointed to the High Court of Australia. [More…]
I am not going to get involved in an argument as to the number of judges who have been appointed to the High Court of Australia from Victoria compared to the number appointed from New South Wales. [More…]
I simply make the point that we have six States in this Commonwealth of Australia and that so far, for 79 years, the entire High Court Bench has come from only three of those States. [More…]
I read in the Minister’s second reading speech of the need to relieve the High Court of Australia of its very severe work load. [More…]
I have some second-hand knowledge of the world load of a judge of the High Court of Australia because I served as associate to one of Australia’s greatest judges, the right honourable Sir Victor Windeyer, in 1962 and 1 963. [More…]
Access to the High Court of Australia by every man, every woman and indeed every child, where an action is brought on behalf of a child, should be unrestricted. [More…]
It is by that means that the High Court remains close to the people so that it is the people’s court in every sense of the words. [More…]
If we isolate the High Court and set it up as a legal Taj Mahal in Canberra we will limit its activities to technical points of law for the rich and we will have taken away from the people of Australia something which was guaranteed to them in the Constitution of the Commonwealth of Australia- something which is theirs. [More…]
I want to see a situation in which, when we move into the 21st century, the High Court of Australia will be close to the people, and in which it will sit in Queensland to hear Queensland cases, with Queensland counsel, and with Queensland litigants able to sit in the court and listen to what is being done with their cases. [More…]
I do not want to see the High Court become isolated. [More…]
I believe that State Supreme Court judges are closer to the people than are either High Court judges or Federal Court judges, and that is no reflection on the two latter categories. [More…]
That relates to the right of appeal on taxation matters from the Federal Court to the High Court. [More…]
This amending Bill proposes that an appeal from the Federal Court to the High Court shall be only by leave of the High Court. [More…]
As all honourable members in this chamber, including the honourable member for Cook (Mr Dobie), are aware, the present situation is that it is a matter of right for a citizen to appeal to the High Court in an income tax matter concerning a sum in excess of $20,000. [More…]
We are taking away from them their automatic right of appeal to the High Court in income tax matters concerning sums in excess of $20,000. [More…]
We are now giving the High Court the right to grant leave. [More…]
However, the matter that concerns me most is that the High Court might commence to adopt the attitude that it has already dealt with a matter and appeals to the High Court, which are at this moment an automatic right, will not be granted. [More…]
Only recently the Chief Justice of the High Court of Australia, Sir Garfield Barwick, completely reversed his decision on territorial representation. [More…]
We are taking from the High Court of Australia the heavy work load associated with appeals on income tax matters, I hope that at all times it will display a preparedness and a willingness to reconsider principles which have been considered in the past. [More…]
Up until now it has been the High Court. [More…]
After this Bill has completed its passage through this Parliament the top level will be the Federal Court and then by leave only to the High Court. [More…]
Apart from those considerations, the Attorney-General reached the conclusion that, as the matter had been before the Courts, including the Supreme Court of New South Wales and the High Court, over a long period, the proper course, in the public interest, was not to take over the proceedings. [More…]
Is the Prime Minister aware of protracted industrial trouble which has plagued the construction sites of two national buildings in Canberra, namely, the High Court of Australia and the National Gallery. [More…]
-Some considerable time ago, I think at the invitation of the Chief Justice, I made arrangements to visit the site of the High Court building this afternoon with the Chief Justice. [More…]
But the disputes involving the High Court and other construction sites are of immense concern to the Government. [More…]
With regard to the suggestion that a visit to the High Court site is seen as provocative, I would have thought that that would not be possible. [More…]
-As the honourable member for Lalor rightly says, we will certainly miss the Minister when he goes to the High Court. [More…]
Without wishing to prejudice the Minister’s chances in that area, I say that I trust that the rumours that are now rife throughout the Commonwealth as to his appointment to the High Court of Australia are true. [More…]
The High Court could not be graced by a more worthy jurist than the Minister for home Affairs, and I say that with all sincerity. [More…]
We are building a High Court and a National Gallery which will bridge centuries. [More…]
I believe that they will be proud also when they see the High Court Building finished. [More…]
A lot of comment has been made about the High Court building. [More…]
Any Australians who walk through the High Court building when it is finished will feel that it is something distinctively Australian, something about which they will want to talk and of which they will be proud. [More…]
This Bill makes provision for payments in lieu of long leave not taken upon the death in office or the retirement of a justice of the High Court. [More…]
The Government believes that payments to High Court justices such as those dealt with in this Bill should not depend upon the exercise of executive discretion but on legislation. [More…]
It is appropriate, however, that the provisions for justices of the High Court be made in a separate Bill because of the special position occupied by that Court which is the court established under the Constitution whereas other federal courts are created by the Commonwealth Parliament. [More…]
This was the death sentence imposed by the Lahore High Court and confirmed by the Pakistan Supreme Court. [More…]
Honourable members will be aware that on 6 February 1 979 the Pakistan Supreme Court, by a four to three majority, upheld the death sentence imposed on the former Prime Minister by the Lahore High Court decision in March 1978 for alleged complicity in the murder of the father of a political opponent. [More…]
But it has been interpreted by the High Court in such a way as to be virtually useless. [More…]
Perhaps an aspirant to the High Court might be able to explain that to me. [More…]
of Southampton, 1952; Legal Practice, West Pakistan High Court, Karachi, 1953-58; taught Constitutional Law, Sind Muslim Law Coll., Karachi, 1956-58. [More…]
The then Opposition’s party colleagues, the State Premier of Western Australia and the Premier of Victoria, then took it to the High Court of Australia where they were defeated. [More…]
The Government is not game to take them on when the High Court of Australia has said that the Commonwealth has sovereignty over the off-shore seas from the low water mark to the edge of the continental shelf. [More…]
The legislation would not stand up to five minutes of testing in the High Court. [More…]
I had him elevated almost to the bench of the High Court of Australia. [More…]
Rather than his sitting on the bench of the High Court, I think, frankly, he would have some trouble sitting in a magistrates court. [More…]
Norfolk Island has, by the High Court and by governments successively in Australia, been regarded as a place which is in a real sense Australian territory, just as the Northern Territory is. [More…]
He took Labor legislation covering offshore waters- the Seas and Submerged Lands Act- to the High Court. [More…]
His case was ceremoniously thrown out of the High Court. [More…]
We would have to test in the High Court of this land the extent to which we have constitutional power over many incidental areas. [More…]
The Law Reform Commission has clearly spelt out that in its view it should be something which is authorised only by a member of the judiciary- a member of a State supreme court, the High Court or Federal Court of Australia. [More…]
As we are having a cognate debate on these Bills I say at the outset that the Opposition will be moving an amendment to the motion for the second reading of the High Court Justices (Long Leave Payments) Bill. [More…]
It is also interesting to note that the High Court judges voted to themselves benefits which were not granted to them by the Parliament. [More…]
If we look at the Hansard record of the Senate Estimates Committee hearings we see that in answers to questions it was said that it was a convention that had long existed in the High Court and that it was determined by the justices of the Court. [More…]
Judges appointed to the High Court of Australia cannot become entitled to payments under this Act if they are appointed after the age of 60. [More…]
There could be considerable difficulty about High Court judges taking leave. [More…]
The High Court is comprised of a majority bench of seven, and for one judge to take leave at any time would create a deal of confusion and difficulty, particularly in cases where it is necessary for a Full Bench to sit. [More…]
For the same reason, appointments to the High Court to fill a vacancy should not take an unduly long time. [More…]
In respect of the High Court the matter was dealt under a convention which the distinguished judges established. [More…]
I think in fairness to judges in the High Court, the State courts and the Federal courts, there would be very few, if any, who could not have earned substantially more if they had remained at the Bar. [More…]
The situation in relation to the High Court of Australia, as I think the Deputy Leader of the Opposition will be pleased to confirm, is that there have been times when, because of the illness of a judge or for some other pressing reason, it has not been possible for the Chief Justice of the High Court to release judges to take their long service leave. [More…]
I cannot resume my seat when I have the opportunity to speak for a few moments on the privileges and rights of justices of the High Court of Australia without again reminding this House that in 79 years there has never been a Tasmanian, a South Australian or a Western Australian appointed to the High Court of Australia. [More…]
I urge as strongly as I can that the Attorney-General (Senator Durack), in considering those worthy to sit upon the High Court of Australia, gives the utmost consideration to appointing a judge from one of the three less populous but highly talented States. [More…]
It would only relate to the entitlements of the new High Court judge when he is appointed. [More…]
It says that it does not want to be a pacesetter but it adopts a standard whereby judges of the High Court of Australia and the Federal courts will receive not long service leave but payments in lieu of long service leave calculated on the basis of 5.2 weeks for each year of service. [More…]
My heart bled during the statements of the honourable member for Denison, when he spoke of people going on to the Bench of the High Court of Australia receiving a reduction in salary and I suppose it is perfectly true that prominent constitutional silks earning up to $100,000 or $150,000 a year receive a drop in salary on their elevation, but they know that when they take the job. [More…]
I believe that there could be a lot more argument about the desirability of our judges in the High Court and federal courts taking their long service leave. [More…]
It has not been unknown that members of the High Court and other members of the judiciary, are from time to time invited to visit, open and participate in law conventions. [More…]
The table covers the High Court of Australia, the Commonwealth Court of Conciliation and Arbitration or the Australian Industrial Court, the Federal Court of Bankruptcy, which still exists in a much diminished way, the Australian Family Court and the new court which has arrived on our scene, the Federal Court of Australia. [More…]
In a royal commission situation- Mr Deputy Speaker, this point is relevant because Mr Justice McGregor is one judge who has been mentioned in this debate- or in the case of a government inquiry where legal representation is allowed, to pay more than would normally be allowed by the Supreme Court of a State or the High Court, on a party and party basis, is an unforgivable waste of the taxpayers’ money. [More…]
This is to cope with projected traffic increases following completion of the High Court and National Gallery. [More…]
This is an amount far in excess of what was awarded by the English High Court in judgment on a replanting claim. [More…]
Does he know that the Secretary of the union in South Australia, Mr George Apap, has stated publicly that these are not real claims, but are claims that have been imposed upon the union as a result of a quite stupid if I may be forgiven for describing it as such decision of the High Court of Australia many, many decades ago? [More…]
Will he now take into account the expectations among members of the union which claims like this create, and consider mounting a test case before the High Court with a view to asking the present judges of the High Court to reverse the decision taken so many decades ago? [More…]
It is a fact that an existing decision of the High Court requires unions, unless they are to make logs of claims excessively often, to put claims in those terms. [More…]
The honourable member for Melbourne Ports would know that the question of taxation of compensation exercised the mind of the High Court recently and caused it to distinguish its approach from that of the House of Lords. [More…]
In 1 975 the High Court ruled in favour of the Commonwealth Government having jurisdiction over the territorial waters. [More…]
I give notice to the Prime Minister and to his Government that there is no way that this manoeuvre will not be challenged in the High Court. [More…]
The constitutional validity of its legislation is now under attack as it should be, by the metal trades in the High Court in an attempt to justify the punitive powers of the Industrial Relations Bureau. [More…]
He made some reference to the Kane case and its effect in the High Court, but most of his speech was taken up by references to economic matters. [More…]
Certainly, the Deputy Leader of the Opposition and the honourable member for Cunningham referred to the Kane case and some of the matters that have flowed from the High Court decision on that, but they failed to bring out in their speeches the fact that during the 12 months to 30 June 1978 the Industrial Relations Bureau made 23,868 inspections of award provisions in Australia and that, as a result, over $ lm extra was paid to workers in Australia. [More…]
I would like somebody to point out to the House where the onus of proof would lie if somebody were convicted on such a charge and he then took his case to the High Court on the basis that the narcotics concerned were not imported. [More…]
Would it lie on the Government to prove to the High Court that it was entitled to do whatever it did- confiscate money, et cetera- because the narcotics were imported? [More…]
Is the onus of proof on the appellant to the High Court to show that the goods were not imported? [More…]
Provided the onus of proof will still be on the Government- in other words, the Government or the Crown will still have to prove to the High Court that the goods were imported and therefore the Government was acting within its constitutional powers- I do not suppose it matters much. [More…]
As the honourable member for Prospect (Dr Klugman) has said- although I did not mention it specifically, the honourable member for Hawker (Mr Jacobi) also picked it up- a very important constitutional question is involved in this section of the Bill because if this provision goes out the window, if the High Court of Australia were to hold it to be unconstitutional, the whole of the legislation goes out, lock, stock and barrel. [More…]
On 22 May, the Deputy Leader commented on the appointment to the High Court of Australia of Mr Justice Wilson of Western Australia. [More…]
For its part, the Labor Party rejects the motion of direct State involvement in High Court appointments, and believes that merit should be the only consideration. [More…]
As Solicitor-General he has appeared in many major constitutional cases before the High Court. [More…]
At the High Court hell be just his own man- he has no political alignment. [More…]
The appointment of Mr Wilson to the vacant spot on the High Court is a judicial event. [More…]
Over a long period of time there has been persistent and justifiable criticism that the High Court is dominated by appointments from New South Wales and Victoria. [More…]
There has been … a persistent sense that since Australia is a federation and since one of the most important aspects of the High Court’s work is the resolution of Federal Constitutional issues, it would be at least fitting that judicial representation on the court should be more widespread. [More…]
The High Court building will cost $45m because Mr Justice Barwick, to whom this Government owes a great favour, has asked for certain extensions. [More…]
Our proposal for the High Court building would have cost $ 1 1 m. This Government has accepted changes to that proposal which will bring the cost to $45m. [More…]
Even with the High Court decision stopping acrosstheborder sales, this may not be of great advantage to wheat sales because of the low coarse grain wheat price ratio and the record coarse grain crop. [More…]
As we know, going back a little, there was a High Court decision on jurisdiction of off-shore waters. [More…]
Clearly, the residual and reserve power, as a result of the High Court decisions, rests with the Commonwealth. [More…]
That has been established by a High Court decision. [More…]
As a result of the decision of the High Court of Australia which, as my statement acknowledges, gives the Commonwealth undoubted power from the low water mark out- there is no question of that- a number of practical matters had to be resolved between the Commonwealth and the States. [More…]
The Government is determined to resolve the practical problems established as a result of that High Court decision by consultation and negotiation with the States. [More…]
Another set of problems is posed by the High Court of Australia decision on the Seas and Submerged Lands Act, which clearly, as I indicated yesterday, gave the Commonwealth constitutional power. [More…]
However, that does not mean to say that no problems result from that High Court decision. [More…]
Very real, practical problems have been flowing out of that High Court decision which gave the Commonwealth constitutional power. [More…]
Section 26 (a), which provides for the inclusion in assessable income of capital gains where the intention of the taxpayer in acquiring the asset was to obtain such a gain, has been rendered virtually useless by the High Court of Australia. [More…]
In Enever v. R. ( 1 905 ) 3 C.L.R 969 the High Court of Australia held that it was not competent to a claimant to bring an action against the Government of Tasmania for wrongful arrest by a constable acting in the intended performance of his duty as an officer of the police. [More…]
1 85 (High Court of Australia). [More…]
Internal Discipline Section’ or ‘Section’ means the Internal Discipline Section established by section 85; law ‘ means a law of the Commonwealth or of a State or Territory; legal practitioner’ means a barrister or solicitor of the High Court or of the Supreme Court of a State or Territory; offence’ means an offence against a law of the Commonwealth or of a State or Territory; [More…]
( 1 ) A member has, in the performance of his duty as a member, the same protection and immunity as a Justice of the High Court. [More…]
“(2 ) A legal practitioner or other person appearing before the Tribunal has the same protection and immunity as a barrister has in appearing for a party in proceedings in the High Court. [More…]
“(3) Subject to this Division, a person summoned to attend or appearing before the Tribunal as a witness has the same protection, and is, in addition to the penalties provided by this Division, subject to the same liabilities, as a witness in proceedings in the High Court. [More…]
Clauses 5 and 6 of the Bill are transitional provisions ensuring the continuation of proceedings pending before the High Court or the Federal Court of Australia arising from proceedings in the present Northern Territory Supreme Court, and of the appointments to the Federal Court of the present judges of the Supreme Court. [More…]
The High Court and the Art Gallery each will be a further breakthrough. [More…]
Among other things he was a High Court judge and was a Leader of the Opposition in this very chamber. [More…]
Then we have the new High Court of Australia. [More…]
The High Court building and the National Gallery are not there to serve the local people; they are national capital projects. [More…]
Reports from that meeting indicate that one of the main opponents of the motion was Senator Lionel Murphy, now a justice of the High Court of Australia. [More…]
The advice refered to is a decision of the High Court. [More…]
What the State President of the National Party was saying in the letter is that the High Court supports the view that any expenditure on advertising is deductible under that section. [More…]
The High Court stated: tt is important not to confuse the question how much of the actual expenditure of the taxpayer is attributable to the gaining of assessable income with the question how much would a prudent investor have expended in gaining the assessable income. [More…]
What the High Court is saying is: ‘We do not decide what is the right amount to be paid in any particular expenditure. [More…]
Two separate offers have been made to the Banaban community, following proceedings instituted by the Banabans in 1974 in the UK High Court through two actions: [More…]
If that argument is seriously put forward, then it follows that members of the Labor Party, trade union officials, are quite justified in believing that if they went before the Chief Justice of the High Court of Australia, Sir Garfield Barwick, who went from a senior position as a Liberal Minister in this Parliament to the position of Chief Justice, there would be no fairness nor any justice for them. [More…]
The High Court of Australia has held that conciliation and arbitration implies the existence of a tribunal, conciliator or arbitrator which conducts the conciliation and arbitration. [More…]
254, Mr Justice Taylor of the High Court said: [More…]
Whether the principles of natural justice which apply in respect of the Conciliation and Arbitration Commission are offended by the requirement to consult as proposed in new section 22A will require determination by the High Court. [More…]
Come the first challenge to the High Court that some sections of this Bill are unconstitutional, that challenge will prove to be correct. [More…]
This argument is at present before the High Court in the case of the Amalgamated Metal Workers and Shipwrights Union v. Wood. [More…]
But more than 170 cases have been determined by the High Court of Australia as to the meaning of those few words in the Constitution. [More…]
We are stuck with what the High Court has done. [More…]
Obviously, on the last point, the High Court could not consistently do anything else. [More…]
Therefore, any powers that we purport to give to the Executive Council or the Governor-General-in-Council are powers that can survive a challenge in the High Court only if they are within the competence of the Parliament to exercise directly and should it choose to do so. [More…]
On the first matter it can be said with certainty that the High Court will have to stand all its earlier decisions on their heads to be able to uphold the power of the Parliament to direct the Commission on how it shall exercise its constitutional powers to prevent and settle industrial disputes. [More…]
If this proposal is held to be valid I believe that the High Court will be compelled to set aside the majority of its earlier judgments in relation to placitum (xxxv) or its members will stand condemned as biased, political partisans. [More…]
But the Woolley v. Dunford case was based upon a decision of the High Court of Britain, upheld by the Privy Council in 1902, the infamous Taff Vale case, which was so bad that the House of Commons was forced in 1906 to bring in a special Act to nullify the effect of that High Court decision. [More…]
An appeal by the Amalgamated Metal Workers and Shipwrights Union over the constitutional validity of that legislation is now before the High Court of Australia. [More…]
I will put the Opposition ‘s argument on the basis of what has already been decided by the High Court. [More…]
The decisions by both the High Court and the Privy Council in the boilermakers case are based upon the fact that section 51 (xxxv) requires the establishment of a tribunal which will proceed according to the principles of justice and hear the parties before determining the matters in dispute. [More…]
In 1 930 in the case of the Australian Railways Union v. Victorian Railways Commissioners the High Court held invalid provisions which allowed conciliation committees comprising persons not members of the then Court of Conciliation and Arbitration to make decisions without hearing argument. [More…]
This derives from the judgment of the High Court in R. v. Commonwealth Conciliation and Arbitration Commission; ex parte Amalgamated Engineering Union in 1967. [More…]
Although the propositions enunciated in that case have not subsequently been tested, it is significant that the High Court took the view that the legislature has power to make laws directing the Commission with respect to procedural matters- in that case, the constitution of the Commission in particular ways. [More…]
He was then forced to bring in the Communist Party Dissolution BUI, which was passed and declared unlawful by the High Court of this country. [More…]
Under the Conciliation and Arbitration Act the Government will find that it will be impossible to do these things because the High Court will have to be consistent. [More…]
I hope that the High Court does say that it is possible to do all of these things. [More…]
That is what all this will lead to and I hope that the High Court does hold that this Parliament has those powers. [More…]
I also mention High Court decisions from three cases- the Burgess case, the Seas and Submerged Lands case and the second New South Wales airlines case. [More…]
In the Burgess case, which dealt with aeronautical control and regulation, the High Court decision established that the national Parliament has the legislative capacity and, indeed, the duty to legislate in these areas. [More…]
Part of the judgment of the High Court of Australia, in the case of the Australian Railways Union v. Victorian Railways Commissioner states: [More…]
Without labouring the point, it is quite clear that there is already a determination, a binding case law decision, of the High Court of Australia which makes this sort of procedure unconstitutional. [More…]
The Government is confident that the legislation will stand up to a High Court challenge, and has dismissed Mr Justice Staples’ criticisms by pointing out that he is a former member of the Communist Party. [More…]
If the law is unconstitutional as the lawyer Leader of the Opposition seems to think it is, then the High Court of Australia is the place to test that law. [More…]
But if it is not it is up to parties to take it to the High Court because it is the rule of law that we are talking about. [More…]
In fact, Mr R. J. Hawke in July last year, in one of the most outrageous attacks on the impartiality, independence and integrity of the judiciary, accused the High Court of raping the Australian people through its decisions on tax matters. [More…]
I think it is an attack on the rule of law itself, because the High Court is the place where these matters ought to be decided- whether things are constitutional. [More…]
If the laws that we make are bad or inadequate it is for the High Court to say so. [More…]
As a consequence of successive decisions of the High Court of Australia, the section now has a more limited operation than was originally the case. [More…]
Whether or not the jurisdiction is left in our hands by the High Court, which of us in any event would want to be like the judges in pre-war Germany who simply acted out their office in a train of events that culminated in legal conclusions that ‘Jews’ and ‘Communists’ were no longer full citizens entitled to rely on rights previously accumulated, that is to say, were persons who could be struck down by a mere executive act. [More…]
Whether or not the jurisdiction is left in our hands by the High Court, which of us in any event would want to be like the judges in pre-war Germany who simply acted out their office in a train of events that culminated in legal conclusions that ‘Jews’ and ‘Communists’ were no longer full citizens entitled to rely on rights previously accumulated, that is to say, were persons who could be struck down by a mere executive act. [More…]
Whether or not the jurisdiction is left in our hands by the High Court, which of us in any event would want to be like the judges in pre-war Germany who simply acted out their office in a train of events that culminated in legal conclusions that ‘Jews ‘ and ‘Communists’ were no longer full citizens entided to rely on rights previously accumulated, that is to say, were persons who could be struck down by a mere executive act. [More…]
Whether or not the jurisdiction is left in our hands by the High Court, which of us in any event would want to be like the judges in pre-war Germany who simply acted out their office in a train of events that culminated in legal conclusions that ‘Jews ‘ and ‘Communists ‘ were no longer full citizens entitled to rely on rights previously accumulated, that is to say, were persons who could be struck down by a mere executive act. [More…]
Should a High Court judge make that decision? [More…]
In our view and in the view of particularly recent decisions of the High Court of Australia, it is clear that we have power in this field. [More…]
The High Court, as we know, will readily give us the answer . [More…]
If a State attempted to do so, a challenge in the High Court of Australia would probably ensue in order to determine the validity of the Commonwealth Act. [More…]
Since 1 90 1 , other permanent appropriations have been made, pursuant to statute, such as salaries of Justices of the High Court. [More…]
It is a type of court except that it deals with much higher figures than the High Court of Australia. [More…]
The High Court of Australia Bill and the associated amendments to the Judiciary Act and the Evidence Act together represent a legislative scheme for effecting the transfer to the seat of government of the third arm of government established under the Constitution. [More…]
Chapter III of the Constitution, which deals with the judicature, commences with section 71, which vests the judicial power of the Commonwealth in: a Federal Supreme Court, to be called the High Court of Australia, and in such other federal courts as Parliament creates, and in such other courts as it invests with federal jurisdiction. [More…]
The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. [More…]
The Judiciary Act 1903, which provided for a High Court consisting of a Chief Justice and two other justices, included the provision: on and after a date to be fixed by Proclamation the principal seat of the High Court shall be at the seat of Government. [More…]
Until the date is fixed, the principal seat of the High Court shall be at such places as the Governor-General from time to time appoints. [More…]
Passage of this legislation will enable them to be joined by the High Court and so complete the plan envisaged by the framers of our Constitution. [More…]
The movement to the seat of government of the High Court does not, however, mean that the Court will sever all its links with the States. [More…]
The occasion for the transfer has been taken to accord to the High Court a measure of independence from departmental control that reflects the special position accorded the Court by the Constitution. [More…]
Honourable members will be aware that, in accordance with his previously announced commitment to do so, the Attorney-General consulted with the Attorneys-General of the States prior to the filling of a vacancy in the High Court that occurred earlier this year. [More…]
By requiring the process to be undertaken whenever a vacancy on the High Court occurs, this provision should do much to ensure that the Court continues to be truly national in character and fully equipped to discharge its constitutional functions as a federal Supreme Court. [More…]
There are, however, to be offices of the Registry in each State and the Northern Territory at which all documents associated with High Court litigation will be accepted for filing and transmission to the Registry in Canberra. [More…]
For that purpose a statutory office entitled ‘the Clerk’ has been created and the legislation provides that he shall have ‘the function of acting on behalf of, and assisting, the justices in the administration of the affairs of the High Court and has such other functions as are conferred upon him [More…]
In other respects the Bill makes little change to the existing provisions now found in the Judiciary Act and the High Court Procedure Act. [More…]
Incorporated in this Bill are all the provisions dealing with the constitution and seat of the Court and administrative matters relating to the Court now to be found in the Judiciary Act and the High Court Procedure Act. [More…]
In consequence, this Bill provides for the repeal of the High Court Procedure Act. [More…]
As indicated in the observations I made in connection with the High Court of Australia Bill, the primary purpose of this Bill is to transfer from the Judiciary Act the existing provisions dealing with the constitution and seat of the Court, its registries, places of sitting and the like and to incorporate the procedural provisions formerly found in the High Court Procedure Act. [More…]
Section 23 provides that, in the event of there being an equal division of the High Court upon the hearing of an appeal from a judge of the High Court or from a supreme court of a State, the decision appealed from is to be affirmed and that in any other case the opinion of the Chief Justice or the senior justice of the High Court present shall prevail. [More…]
Accordingly, in appeals from all courts created by this Parliament, if there is an equal division of the High Court the opinion of the Chief Justice determines the outcome of the appeal. [More…]
Finally, the Bill contains a number of transitional provisions made necessary by the new legislative scheme for the High Court. [More…]
This Bill, which completes the legislative scheme for the transfer of the High Court to Canberra, contains only two substantive provisions. [More…]
The first relates to judicial notice of certain signatures and is made necessary by the changes in titles of the officers of the High Court. [More…]
This provision is designed to make it clear beyond doubt that Rules of Court made by the High Court under the Evidence Act are subject to disallowance by Parliament. [More…]
I suggest that if we had had confrontation at that time, we would have had High Court actions, legal battles extending maybe for years while those people were destroyed. [More…]
1, a number of other special appropriations exist for the payment of salaries and allowances for Senators and Members, Justices of the High Court, Federal Judges, First Division Officers and Holders of Public Office, eg the appropriations contained in section 12 of the Parliamentary Allowances Act 1952 and section 7 ( 13) of the Remuneration Tribunals Act. [More…]
The orderly marketing of wheat has been challenged before the High Court and the IAC made recommendations for change. [More…]
The latest High Court case, Uebergang and Others v. Australian Wheat Board, involves, amongst other issues, a challenge on the basis of Section 92 of the Constitution to the application of the Wheat Industry Stabilization Act 1974 of New South Wales to interstate transactions. [More…]
A similar challenge was rejected by the High Court on 8 September 1978 in what is known as the Clark King case. [More…]
The fact that there is a further High Court challenge to the same legislation does not preclude the Commonwealth and State Governments, in reliance upon the Clark King case, from enacting legislation for the purpose of establishing wheat marketing legislation to apply for the next five years. [More…]
The High Court of Australia, sitting in its legal ivory tower, has made decisions which are disastrous for the welfare of Australia and, in particular, uphold the validity of the Curran scheme and made section 260 of the Income Tax Assessment Act subject to a new almost obscene interpretation rendering its original purpose null and void. [More…]
Some of the provisions of this Bill have been taken from the High Court Procedure Act. [More…]
They relate to a trial without jury and the power of the High Court of Australia to direct a trial with a jury. [More…]
There is only one substantive change being made by the Bill, and that is related to the situation of the High Court being equally divided in its decision on an appeal. [More…]
The Bill provides that when the High Court is equally divided the appeal will not be upheld; the determination of the Federal or State courts will stand. [More…]
I now come to the High Court of Australia Bill. [More…]
But I read into that provision that the Attorney-General has to consult with and may be subject to the direction of the Attorneys-General of the States as to who should be appointed to the High Court. [More…]
That is wrong; it should not be thought that our own AttorneyGeneral has not the capacity or the ability to determine who should be appointed to the High Court. [More…]
The person who fills the next vacancy on the High Court will depend on who is in favour with the Commonwealth and the States. [More…]
The other matter which is worthy of comment is Part II, Division 2, which provides for the seat of the High Court to be in Canberra. [More…]
At the same time, we hope that the High Court will continue to sit outside Canberra on a regular basis. [More…]
The question we wish to raise in relation to the High Court in Canberra is that it seems to have got out of hand from the point of view of what I might call cost to the public. [More…]
I have looked at the High Court building. [More…]
There are only three court rooms in the High Court building, each containing all sorts of peculiar devices such as bullet-proof windows. [More…]
I do not want to offer advice to anyone who has ideas of assassination, but I do not think that people will take long-distance shots through the High Court windows. [More…]
I make that point because it seems that what we must have in the High Court has become a fixation. [More…]
From the Opposition’s point of view, the value of the High Court is in its judgments, in the words that are said, and not in an image or status developed from a structure built at great cost. [More…]
Under clause 17, the High Court has power to do all things necessary in respect of its administration. [More…]
Is the High Court administering itself in a proper fashion? [More…]
For example, the High Court can accept gifts. [More…]
The Bills are the High Court of Australia Bill 1979, the Judiciary Amendment Bill (No. [More…]
The legislative scheme is to effect the transfer of the seat of the High Court, the judicial arm of power under our Constitution, to Canberra and to perfect its independence from departmenttal control. [More…]
The High Court Bill provides for the Court to manage its own affairs, to be responsible for its own building, its staff and its own financial arrangements. [More…]
The Bill also provides in clause 6 for the appointment of judges to the High Court to be made after consultation with the States to reflect more properly the Court’s national status and to enable it to discharge more completely its role as a federal supreme court for all Australia and all States. [More…]
When the judges ceased to be removable at the Royal pleasure they lost a motive for regarding the Royal wishes in their administration of justice, and when at the same time they were made removable on the address of both Houses, they acquired a motive for carefulness lest their conduct on the Bench should fall under the scrutiny of the High Court of Parliament. [More…]
Thus, the fact that under the Australian Constitution the High Court may be asked to determine the constitutional validity of legislation passed by Parliament does not mean that the High Court will be usurping the role of Parliament or that Parliament is less independent or separated from the judiciary. [More…]
Court of Australia Bill 1979, which we are now discussing, ensuring a greater degree of administrative independence for the High Court, are a good example of a practical approach towards this end. [More…]
These words and the action of this judge of the High Court of Australia clearly endanger the system of separation of power, threaten our system of liberty and destroy confidence of the public in judicial impartiality. [More…]
I spent a good deal of my life in front of the High Court of Australia at least having to rely on their judgements. [More…]
1 faced a jury of twelve, the full Supreme Court, the full High Court, the Privy Council and returned to a jury of twelve. [More…]
Out of my three cases in which I took legal action, two went to the High Court for the second time. [More…]
I have watched the judiciary, whether it be the Supreme Court of New South Wales or the High Court of Australia, treating the law as if it was a piece of elastic, determining the course of the precedents and stretching the law to suit its interpretation which suited their own personal view. [More…]
1 feel that it is important that more people should enter this High Court debate because we are discussing the High Court which is responsible for justice for the people. [More…]
There are three aspects I would like to raise regarding this High Court of Australia Bill. [More…]
The first is the number of judges required to fulfil the function of the High Court with competence and without any real pressure on their responsibilities. [More…]
The second is the autonomy of the High Court and its ability to perform its functions without bias. [More…]
I stress with real emphasis that the High Court should make its decisions without bias. [More…]
This Bill deals with the new structure which is to be the home of the High Court here in Canberra. [More…]
The High Court shall consist of a Chief Justice, and so many other justices, not less than two, as the Parliament prescribes. [More…]
The importance of matters and the range of those matters that come before the Court place a heavy burden on the judges of the High Court. [More…]
However, we are dealing here with the High Court. [More…]
If there is an appeal from the Supreme Court of New South Wales, or from the courts of any State, the case has to go to the High Court and there are further delays in the hearing of the case. [More…]
If the judges of the High Court are placed under too much stress their ability to perform their function and the competence of the court as a whole may be open to question. [More…]
The operations of the High Court are more complex now than they were when the Australian Constitution was drawn up. [More…]
At present there are seven judges on the High Court. [More…]
We should be looking at expanding the number of judges on the High Court. [More…]
Members of the High Court have very little opportunity for overseas leave or overseas travel. [More…]
It seems to me that in this day and age when academics have sabbatical leave and can have interaction and travel overseas and work with people in foreign lands under similar systems, there is a logical argument that members of the High Court should be entitled to a similar opportunity. [More…]
I believe that we should be encouraging justices of the High Court of Australia to follow a similar example or at least give them that opportunity. [More…]
People, even justices of the High Court are the product of their environment. [More…]
My view is that judges of the High Court of Australia reflect the narrowness of the areas in which they live and travel, in the breadth of their associations and of their understanding of what is occurring in a changing Australia. [More…]
We need to encourage them to alter this aspect of their life as a High Court judge. [More…]
In Part III of the Bill, clause 17 sub-clause (2) provides that the High Court has power: [More…]
I sought advice as to the meaning of these powers to be given to the High Court. [More…]
I was concerned that the impartial character of the High Court could be prejudiced by its ability to receive sums of money or gifts. [More…]
This legislation places a great deal of temptation before High Court judges. [More…]
I take the case of a painting given to the High Court and placed in the chambers of one of the judges. [More…]
There must be some danger that one or more of the High Court judges could be favourably disposed towards such a donor. [More…]
A substantial gift or donation to the High Court, it must be acknowledged, could prejudice the ability of the Court to act impartially in a matter in which that corporation was involved. [More…]
The purpose of the Bill now before the House is to provide the High Court with a measure of independence from departmental control that reflects the special position accorded the Court by the Australian Constitution. [More…]
It seems to me that the overwhelming majority of persons who are appointed to State supreme courts and particularly to the High Court come from a select group and do not really represent a wide cross section of the Australian community. [More…]
A person does not need to be a lawyer to be appointed a judge of the High Court. [More…]
To be a High Court justice under the Constitution, one does not need to be a lawyer. [More…]
Sir Garfield Barwick was Minister for Foreign Affairs and then appointed to the High Court. [More…]
We should not delude ourselves into believing that justice comes from the legalisms associated with the High Court. [More…]
As a Minister in the Labor Government between 1972 and 1975, 1 was responsible for initiating work on the High Court. [More…]
The High Court building at the moment looks externally like a factory without a smoke stack. [More…]
I do agree that we need a building of international architectural substance to house our High Court. [More…]
I venture to suggest that had there not been agreement with respect to the establishment of the High Court of Australia there would have been no Commonwealth of Australia. [More…]
As my learned and honourable colleague, the honourable member for Dundas (Mr Ruddock), pointed out most effectively, the High Court of Australia is the judicial arm under which the Commonwealth Constitution operates. [More…]
Therefore, anything that is done with respect to the High Court will have a very substantial effect on the constitutional future of Australia and, in particular, the federal system which is guaranteed by that Constitution. [More…]
For the very obvious reason of my voice affliction my comments will be comparatively brief, but I could not avoid the opportunity to rise in my place and to make a plea that whatever legislation we pass tonight will not in any way affect or weaken the accessibility of the High Court of Australia to the people of Australia. [More…]
If the High Court of Australia becomes remote and inaccessible to all the people of Australia, then I believe that the constitutional framework of this country will be weakened and the federal system will be endangered. [More…]
It is the plea of a lawyer who firmly believes that the High Court of Australia should be accessible to the people. [More…]
As I have mentioned on a previous occasion in this House, I had the honour- indeed, it was a very great honour- to serve as an associate to one of the most distinguished High Court judges this country has ever known. [More…]
I was associate for a period of 12 months to His Honour the Right Honourable Sir Victor Windeyer, a very great judge of the High Court of Australia. [More…]
Sir Owen Dixon was quite adamant; I make this point because it is of considerable substance; that the High Court of Australia would continue to travel into each State of Australia and be accessible to the litigants of all parts of Australia with equal availability. [More…]
I make the point- the honourable member for Prospect (Dr Klugman), for whom I have a regard, will appreciate that it is a very significant point- that the High Court of Australia belongs to the people of Australia. [More…]
Whilst I do not wish to be a carping critic and to say that the construction of a home for the High Court of Australia on the side of Lake Burley Griffin is something that should not have been done, I am trying to say: Let the High Court of Australia have its home in Canberra, but let it keep in contact with the rest of the people of Australia. [More…]
The effect of the legislation which we are passing tonight and which I know has been studied by lawyers on the Opposition side of the Parliament is as follows: Clause 14 of the High Court of Australia Bill, which will become an Act, provides: [More…]
On and after a date to be fixed by Proclamation, the seat ofthe High Court shall be at the seat of Government in the Australian Capital Territory. [More…]
Sittings of the High Court shall be held from time to time as required at the seat of the Court - [More…]
I do not press for an amendment because I am assured that it is the wish of the High Court of Australia to continue to visit the States. [More…]
But we know that there will be no more sittings in Melbourne or Sydney after the new High Court is opened in Canberra, except for the purpose of taking evidence, and those hearings will take place before a single justice of the High Court. [More…]
No more appeals will be heard in Melbourne or Sydney once the new High Court building is opened here. [More…]
I will not go into detail, except to say that I was mortified to hear the patronising comment in Hobart not very long ago by somebody who is intimately connected with the High Court. [More…]
I will not be drawn, but I do say this: If the High Court is to be accessible to the people of Australia, one of two things will happen: Either it will continue to sit in the outlying States, or the government of the Commonwealth of Australia, whether it is Liberal or Labor, will have to pick up the tab for flying litigants, the witnesses, and the counsel to Canberra. [More…]
If I am informed that this is not the wish-the High Court wants to hibernate in glory on the shores of Lake Burley Griffin or if it is a case of Mohammed not going to the mountain but of the mountain coming to Mohammed, then the Commonwealth Government must pick up the tab to ensure that the people of Australia, whether they live in Tasmania or north Queensland, will have the same right of access to the High Court of Australia. [More…]
My friend, the honourable member for Reid (Mr Uren), made the comment that the work of the High Court was more complex today than it was at the time of Federation. [More…]
In recent years we have consistently cut away at the functions of the High Court of Australia. [More…]
We have said that we will not press our High Court judges to the point of physical exhaustion. [More…]
Where are the snottynosed articled clerks of Australia going to go if they want to see the workings of the High Court after the new establishment on the Lake is built? [More…]
I hope I have not been flippant on a matter about which, I can assure you, Mr Speaker, several High Court judges know that I feel strongly about. [More…]
I have already read clause 15 which says that the High Court shall sit in Canberra or may sit at other places. [More…]
Subject to this section, the powers of the High Court under this Act may be exercised by the Justices or by a majority of them. [More…]
I have nothing against the new High Court building. [More…]
I have nothing against the seat of the High Court being in Canberra. [More…]
But let us ensure that it is on the understanding that the High Court will continue to visit the States of Australia, that it will be accessible to the people, and that it will be a living example of embodiment of the principle of federalism for which we stand. [More…]
If the High Court decides that it will hibernate and that it will sit on the shores of Lake Burley Griffin and let everybody else come to it, it will be breaking faith not only with this Parliament but also with the Constitution. [More…]
Members in this Parliament at that time will be well and truly entitled to rise to their feet and say: ‘When you made the seat of the High Court Canberra, this was never the intention’. [More…]
I have been watching some of the cases before the High Court in respect of the Commonwealth’s interest in education and I have looked at the challenge to section 116 of the Constitution, which challenge I say is dripping with venom and bitterness. [More…]
The wheat stabilisation procedures have been under challenge in the Clark King case and now the Uebergang case in the High Court of Australia. [More…]
In fact, the capacity of a witness before the Committee is that of a witness before the High Court. [More…]
Tonight, in company with the honourable member for Hawker (Mr Jacobi) and Senator Peter Walsh, I walked across to the site of the new High Court building, following advice tendered by the honourable member for Hindmarsh (Mr Clyde Cameron). [More…]
I had read criticisms of the cost and style of the High Court building and I went there to some extent, I admit, with a psychological predisposition against it. [More…]
Frankly, and I can speak for my colleagues too, we were appalled by the High Court building. [More…]
The High Court building is supposed to accommodate seven judges- it may be nine by the end of the century- and provides space for three courts. [More…]
Courts are not normally intended to be places for mob scenes, but the entrance hall of the High Court building is big enough for a mob scene out of a Cecil B. de Mille film- perhaps a Pharoah’s court or an epic of ancient Rome by Federico Fellini. [More…]
The entrance ramp to the High Court building is broad enough to accommodate an army and Centurion tanks three abreast. [More…]
The High Court building is a monster because it completely lacks the human touch. [More…]
The inappropriateness of doing so was referred to by the High Court in Cain v. Doyle ( 1946) 72 CLR 409, particularly by Latham C. J., who said ‘ … the fundamental idea of the criminal law is that breaches of the law are offences against the King’s peace, and it is inconsistent with this principle to hold that the Crown can itself be guilty of a criminal offence. ‘ [More…]
1 ) Has his attention been drawn to a report of the Brisbane Sunday Sun of 28 October 1979 claiming that about 500 of the dignitaries to be invited to the opening of the new High Court building in Canberra will be given commemorative medallions worth $2,000 each. [More…]
The redistribution proposals are made necessary by the High Court’s interpretation of the Constitution in what are known as the McKinlay case and the McKellar case, which required a quota of members from each State to be ascertained whenever necessary. [More…]
With all due respect to the memory of Charles O’Connor, Sir Richard O’Connor can be remembered as being a member of the Constitutional Convention of the 1890s, a senator, a Minister of the first Federal Ministry, that is, the Barton Ministry, and one of the three judges of the first High Court of Australia. [More…]
Following legal action initiated by Barrier Reef Broadcasting Pty Ltd, licensee of commercial broadcasting station 4MK Mackay, the translator licences were subsequently held by the High Court of Australia to be null and void. [More…]
Following the High Court decision, I have taken the opportunity to review planning of broadcasting services in the region, and I expect to be inviting applications for additional services in the near future. [More…]
I preface it by referring him to the delayed judgment of the High Court on the Seas and Submerged Lands Act. [More…]