judiciary - senate - 1970

Contexts in which the word judiciary was used in the Senate during the 1970s

What progress has been made by the Committee appointed, under the Chairmanship of the Solicitor-General,to consider the provisions of the Judiciary Act. [More…]
It is an excerpt from the testimony of George Karlin to the internal security sub-committee of the Committee on the Judiciary of the United States Senate. [More…]
There was only one party - no Opposition parties, no judiciary, no human rights. [More…]
Appointments to the judiciary are normally made of persons who are senior Counsel and only a small number of women are practising as barrister: in Australia. [More…]
I consider that it should remain in force so that it may be used by the judiciary if it wants it used. [More…]
This amendment is moved for the purpose of allowing an affirmation or an oath of service rather than allegiance to Her Majesty the Queen to make provision for the appointment of judiciary from outside of Commonwealth countries. [More…]
-The Government and I have the greatest respect for the quality of the judiciary and those engaged in the legal profession in South Australia. [More…]
Honourable senators are aware of the intention to establish a Tribunal to deal with the salaries for members and senators, First Division officers in the Public Service, statutory office holders and the judiciary. [More…]
I ask the Minister whether there are special considerations which the Government has taken into account and which have led to the apparent delay, and whether such considerations include the need to avoid any embarrassment to members of the judiciary? [More…]
I do not say that in a critical way or as a reflection on the judiciary. [More…]
Where a State Court is exercising federal jurisdiction the procedure relating to the impanelling of a jury is, by virtue of the Judiciary Act, governed by the law of that State. [More…]
Appointments to the judiciary proceed by communication from the Attorney-General to the appointee concerned. [More…]
As he has said, and as we know, the great British system of justice which he now represents and advocates before the judiciary was founded mostly upon the illegal actions of those who revolted against tyranny and oppression in the early stages of British history. [More…]
I repudiate the idea that there would be available magistrates with political party membership, and I would regard it as unthinkable that any charges relating to the matter raised by the honourable senator would come before a member of the judiciary who has political party membership. [More…]
There have been occasions when one could find a battery of senior counsel sitting before eminent members of the judiciary arguing about the meaning of a section of an Act. [More…]
I imagine that foremost among those are the heads of departments and members of the judiciary. [More…]
With these representations in mind, it is at present considering those provisions of the Act relatingto the original and appellate jurisdiction ofthe High Court, exclusive and invested jurisdiction and the removal of Causes from State Supreme Courts, found in Parts IV to VII of the Judiciary Act. [More…]
Another matter to which 1 refer - I am not referring to unionists here - is the complete contempt shown for our judiciary and the powers and functions given to the judiciary by the Parliament. [More…]
Once people show an increased and continuing contempt for the institution of Parliament and for the judiciary, I am afraid we will be on the way to anarchy. [More…]
Does anyone suggest for a moment that the men who are appointed to our judiciary are subjected to influences from outside sources? [More…]
I suppose it is suggested from time to time that judges in the civil cases which come before our judiciary are got at by somebody or another. [More…]
The matter of further Commonwealth participation in the provision of legal aid additional to the provision already made under the Judiciary Act is still under consideration. [More…]
Of course, if heads of departments have not operated in accordance with the express intention of the Act, under any Act we have the right to appeal to the judiciary in these terms: ‘I have an entitlement for such and such but the Secretary of the Department refused to pay me the entitlement.’ [More…]
We cannot complain much when there is an appeal to the judiciary and the matter is given judicial consideration. [More…]
In the Minister’s opinion, would an expression of amazement by a Minister at a judge releasing a defendant on bail be inappropriate and express a lack of confidence in the judiciary? [More…]
I understand that there is some argument that this needs to be stated in some way to meet the requirements of the Judiciary Act. [More…]
It was argued that the ordinance which was promulgated in 1969 was unfortunate to the extent that it purported to give to practitioners from outside the Territory’ a right to be admitted either as a barrister or as a solicitor, lt may well be that that situation was outside the scope of the provisions of section 55d of the Judiciary Act. [More…]
1 suppose I am speaking from my own experience in these fields, but I would regret the disappearance from the scene of the barrister - the person who is trained in court work - because it would mean that litigants would be less well served and, indeed, the judiciary, which has always been drawn from the Bar in Australia and in British countries, would be the less well equipped to maintain on the bench the qualities which a barrister seeks to develop in the course of his practice. [More…]
This accords with Commonwealth policy as expressed in the Judiciary Act 1903-1969 and the Privy Council (Limitation of Appeals) Act 1968. [More…]
The details indicate that the members of the judiciary who comprise the Industrial Court have not been occupied for anywhere near the total available time, even on reasonable working standards for the judiciary, in the course of the last 12 months. [More…]
There is not really one legal restriction in this legislation which is not justiciable in the courts and that is the British criterion as to whether the individual is finally protected by an independent judiciary. [More…]
What the Opposition is in effect saying is that it has no confidence in the magistracy or in the Supreme Court, which are the independent arms of the judiciary emanating from this country as an appropriate place for British justice. [More…]
In 1969 we had before this chamber the Judiciary Bill by which the salary of the Chief Justice of the High Court of Australia was increased from 24.000 - a real bread-line salary - to $30,000. [More…]
Who was it that allowed the Judiciary Bill to pass through this chamber when the Australian Labor Party voted against it? [More…]
The House of Assembly now consists of 84 elected representatives and 10 nominated representatives.- Last July the Prime Minister made a significant’ statement in which he- said that legislative authority having been exercised with such credit to the local Assembly, we had come to the conclusionthat the responsibilities and authority of the local Administrator’s Executive Council should bc extended and that it should be responsible only to the indigenous elected members of that - Assembly, that it should take sole responsibility for educational matters, public health, tourism, cooperatives, -business advisory services, workers compensation, industrial training, posts and telegraphs and other matters, reserving to Australia responsibility in matters of external security, enforcement of law and order, the judiciary, defence and matters of that sort, I do not wish to repeat the complete statement of the position. [More…]
Did the Federal Attorney-General and several leading members of the Cabinet, together with a leading member of the judiciary, further discuss this matter later in that year 1963? [More…]
Senator Greenwood tried to brush that aside easily by saying that no-one served in this way has been imprisoned and that we can rely upon the common sense of the judiciary not to impose a gaol sentence. [More…]
Was the case further discussed later that year in Canberra by the Attorney-General, several leading members of the Federal Government and a leading member of the judiciary? [More…]
Was the case further discussed later in 1963 by the then Attorney-General, several leading members of the Federal Government and a leading member of the Judiciary. [More…]
The important aspects of the system we observe are, firstly, that we should have a free and independent judiciary. [More…]
The way is still open for gross injustice because the Executive and not the judiciary will make the final life or death decision. [More…]
We have an independent judiciary and a system of justice which I believe can stand up to scrutiny from anybody anywhere in the world. [More…]
No one has had the courage to say that there is something wrong with the Victorian judiciary. [More…]
We know that juries in England and here have never accepted the proposition that they were bound by the law as stated to them by the judiciary. [More…]
That is why juries over a long period consistently refused to find men quilty of it and eventually, with the approbation of the judiciary and the whole community, they point blank refused to enforce the law because it was a bad law. [More…]
The Crown Solicitor for the Commonwealth is a person recognised by section 50 of the Judiciary Act, and he has a deputy in each State. [More…]
Was the case further discussed later in 1963 by the then Attorney-General, several leading members of the Federal Government and a leading member of the Judiciary? [More…]
Indeed, it would be anomalous if we were to regard the determination of whether or not a person shall be released upon parole as part of the judicial process because it would indicate that there was a judicial scrutiny which was continuing right throughout the period of sentencing, and that I believe would be inimical to the best interests of what the judiciary is called upon to perform. [More…]
All that the honourable senator did by making those observations was to indicate to the Senate that he had no idea of the distinction in a democratic society between the Executive and the judiciary. [More…]
I rest my belief in the broad sense that in a free society, if society is to be truly free - by that I mean the kind of society that has grown up throughout 10 centuries of British tradition, in the creation of the parliamentary system, in the creation of the rule of law, the independent judiciary and equality before the law - there must remain one principle and that is the upholding of the sanctity of life. [More…]
However, 1 have always felt that the imposition of a punishment should be placed in more expert hands than the judiciary. [More…]
One cannot blame the judiciary too much because parliaments throughout the ages have felt that the only possible punishment short of death is incarceration. [More…]
I ask: Firstly, is the Government aware of the testimony of Yuri Krotkof, given under the name of George Karlin - a high ranking officer of the KGB before his defection in England in 1963 - to the Internal Security SubCommittee of the Committee on the Judiciary of the United States Senate on 6th and 10th November 1969, which was released publicly on 28th December 1970? [More…]
It seems that the Parliament has long lost faith in the judiciary which has been trained to inflict penalty. [More…]
We take away entirely from the judiciary the normal right of saying what penalty should be imposed under such circumstances. [More…]
by leave - I table a document which is an excerpt from the proceedings of the Internal Security Sub-Committee of the United States of America Senate Standing Committee on the Judiciary. [More…]
Under the Judiciary Act a matter involving the Constitution or its interpretation may be removed into the High Court at the request of any of the parties or at the request of the Attorney-General of the Commonwealth or of any of the Stales. [More…]
There is also another provision in the Judiciary Act under which a question which involves the powers, inter se, of the Commonwealth and the States will automatically be referred to the High Court when that issue arises before the court which is hearing the matter. [More…]
before” his defection in England in 1963, to the Internal Security Sub-Committee of the United States of America Senate Standing Committee on the Judiciary on 6th and 10th November 1969, which was released publicly on 28th December 1970? [More…]
lt is not unknown in this community for members of the judiciary to hold shares in great public companies. [More…]
In regard lo the Australian Capital Territory there is also the problem of the number of the judiciary. [More…]
Obviously the judiciary needs to be reinforced. [More…]
We encourage the Government to take not only the steps which have already been taken but also to take further steps to increase the strength of the judiciary in the Australian Capital Territory and the Northern Territory and also to bring the law of the Territories into a reasonable state. [More…]
I have noted in respect of some courts - I have no doubt that it applies here in the Australian Capital Territory - that the independence of the judiciary is not as well respected as it might be. [More…]
I do not think the relationship between the judiciary in this community and the other arms of government is as good as it ought to be. [More…]
I think it also has to be taken into account in any consideration of whether there is a field of jurisdiction adequate to maintain, reasonably occupied, a judiciary in a superior court. [More…]
The point which I wish to make with regard to the independence of judges is that the Government has always accepted that the judiciary is independent and that requests by the judiciary will, in general, always be respected. [More…]
In the matter of allowances, the process of determination by the GovernorGeneral dates back as far as 1903 when determination by the Governor-General was incorporated in the Judiciary Bill for the travelling expenses of the justices oi ‘.he High Court. [More…]
It should also be mentioned that, as a general rule: members of the Federal Judiciary, full-time statutory office holders. [More…]
I can give honourable senators cases in relation to repatriation matters in which if there were an appeal to the judiciary, under the wording of the Act the applicant could succeed. [More…]
There can be an appeal to the judiciary which can decide the matter. [More…]
If we were following the procedure adopted in the United States, Canada and in other countries we would say to the committee dealing with constitutional and legal affairs: ‘You will consider all matters of law and justice, bankruptcy, copyright, the Judiciary Act, administrative review matters and so on’, and then leave the committee to deal with the various aspects which were important. [More…]
And, incidently, if you lodged a complaint against Mr Hills, a Judiciary Committee, which would investigate the matter, would have to decide whether it believed your version of the interview or Mr Hills, and, remember. [More…]
We are told to uphold the law of the land and the judiciary. [More…]
I suppose history reveals particular exceptions, but I believe that Australia is tremendously well served by its judiciary. [More…]
I will content myself with the statement of the stark facts and I will conclude with the appropriate response to the honourable senator’s application because I am not prepared to turn the Senate into a court in substitution for the judiciary. [More…]
In relation to the amalgamation which certain people attempted to prevent but which they failed to prevent, our faith was upheld in the judiciary more than in political Attorneys-General because the court was honest and said that there was no basis for the challenge, and disallowed the challenge. [More…]
1 know that the judiciary in that field is very sour about the remarks of some senior Ministers. [More…]
Entitlement to practice in the Australian Capital Territory is to cease to depend upon the Judiciary Act and instead will be provided for directly by this ordinance. [More…]
There had been amendments to the Judiciary Act which had come into the Senate and which had attracted debate in the Senate in, I think, 1966. [More…]
The 1970 Ordinance to which I referred provided for the admission of an amalgamated profession under the provisions of the Judiciary Act. [More…]
It provides also for the entitlement to practise in the Australian Capital Territory, to cease to depend upon the Judiciary Act and instead to be provided for directly by the Ordinance. [More…]
I am one who does not always give compliments easily to the judiciary, but I say that under the existing Act Mr Justice Robinson played a notable role in the way in which he alternated meetings with the union and with the New South Wales transport department representative. [More…]
We are inclined sometimes to think of members of the judiciary as somewhat remore figures who have little other than a theoretical impact upon the history and destiny of their country. [More…]
But more particularly in Australia, where we operate under a written Constitution, where we have this great problem of the separation of State and Commonwealth powers, the impact of the judiciary in determining the course of this nation has been immense and the influence of the late Sir Owen Dixon perhaps had no equal in the effect it had on the interpretation of the Constitution and in acquitting that Constitution to the modern Australia and to the movement of Australia into the modern world. [More…]
He established for himself and for the judiciary of Australia a standing of excellence. [More…]
The last of the four great pillars, as 1 think of his decisions was in the boilermakers’ case in which he insisted that no other arm of government should encumber the judiciary by adding to it non-judicial power, and no other arm of government should detract from the judiciary by weakening or undermining its proper constitutional jurisdiction. [More…]
The citizen is subject to the rules of the courts and the judgments of an independent judiciary, and so is the Executive. [More…]
If the Executive is shown not to have followed procedures and so to have prejudiced the rights of individuals ->n a particular occasion, the courts will say so and the Executive will uphold the judiciary’s right to say so. [More…]
They are the rule of law as laid down by the Parliament and the rule of law as upheld by an independent judiciary. [More…]
The test of a just law is that it has been passed by the Parliament and upheld by the judiciary. [More…]
I believe at this stage that this is a matter for the police and the judiciary of this country. [More…]
administration of justice in the States in additional expenditure, perhaps in the provision of further accommodation and even in further appointments to the judiciary - no doubt the Commonwealth will foot the bill - that the States were not consulted as to their preparedness to accept the whole proposition. [More…]
the High Court in its appellant jurisdiction has jurisdiction, I think under the Judiciary Act, to hear appeals in matters involving property of the value of $1,500. [More…]
Everyone would have some reason to complain about such a state of affairs as, I suppose, women have some reason to complain about the failure to make sufficient appointments of women to positions in the Public Service and in the judiciary. [More…]
He would know that all persons appointed to bodies from the judiciary down to other institutions have to face Senate committees. [More…]
I think I pointed out that from time to time the judiciary has been in the forefront on the question of the importance of benefits to injured workers and that politicians seem to follow behind. [More…]
In view of, firstly, the very great confusion caused by the recently proclaimed amendments to rules made under the Matrimonial Causes Act and the concern expressed by the judiciary, the legal profession and the interested public as to ‘ their mode and effectiveness of operation; secondly, the fact’ that the former [More…]
Standing Committee on Constitutional and Legal Affairs had before it a reference by the Senate concerning the law and administration of divorce, custody and family matters and was in the process of conducting an inquiry by taking evidence from the judiciary, the legal profession, academics and representative organisations; and thirdly, the fact that the Attorney-General himself sat on such committee and would be aware of the complexity, difficulty and variance of opinion on the subject of reviewing the field of matrimonial and family law, I ask: Will the Attorney-General suspend the operation of the amended rules, refer the suspended rules to the Standing Committee on Constitutional and Legal Affairs when that Committee is reconstituted and defer any further similar action until the Committee has presented a report to the Senate? [More…]
May I say that observations have been made to me by some members of the judiciary in quite favourable terms as to the improvements effected by the new rules. [More…]
My only regret is that during the time he was in office he did not see fit to make amendments to the rules which obviously ought to have been made, including the amendments ‘ which were requested by all sections of the community, especially the legal profession and the judiciary. [More…]
I am reminded by Senator Webster’s interjection about having a word with the judiciary that a few minutes ago I was supplied with a judgment delivered in 1972 by the Chief Judge in Divorce in New South Wales in which he said: [More…]
This country depends upon the maintenance of the judiciary as a separate arm of the constitutional government of the country in a very special sense. [More…]
The more we involve judges in political controversy the more we are contributing to the lessening appreciation of the independence which has to be maintained in relation to the judiciary. [More…]
Senator Wright has said also that the judiciary should not be covered by this section. [More…]
He argued that members of the judiciary are separate people and ought not be caught up in the controversy which may arise out of such a Bill as this. [More…]
I have only reported the facts.I have not in any way set out to speak disrespectfully of any member of the judiciary. [More…]
The Judiciary is not to be criticised, nor reflections made on Judges. [More…]
On those pages appears the ruling of the President which is reported by Mr Odgers in his book, namely, that the judiciary is not to be criticised, nor reflections made on judges. [More…]
Does not this statement cast a slur on the judiciary of this country and imply that any judge appointed by the Attorney-General could not be trusted to carry out his duties with integrity and impartiality? [More…]
3 of the Committee on the Judiciary of the House of Representatives of the 92nd Congress of the United States of America. [More…]
Certainly the judiciary of this regime cannot be considered a proper authority for establishing what may or may not have happened in Estonia either under the Soviet or Nazi occupation if justice should prevail. [More…]
Members of the judiciary would be best suited to this task - a proposition that the Leader of the Government in the Senate, Senator Murphy, must surely agree with, considering his actions of last year. [More…]
Anybody who could be satisfied with the performance of the judiciary in a British or Australian society today would be just a dullard. [More…]
Then there is the judiciary, aided not by technical, theoretical staff, but by the commonsense of 12 jurymen chosen from the street and whose verdict can be trusted implicitly in 90 per cent of the cases. [More…]
I think if we are to show clearly why we oppose this legislation we should have a look at the interpretation or the com mentary on the Convention debates by these very distinguished Australian constitutional lawyers and have a brief look, if time permits, at the report of the United States House of Representatives Committee on the Judiciary, particularly the 3 powerful minority reports which convinced Congress that territorial representation in the Senate should not be granted in the United States. [More…]
We come now to the situation in the United States where in 1967 the House of Representatives Committee on the Judiciary was asked to report on the advisability of having representation both in the lower House and in the Senate for the District of Columbia. [More…]
The proposal was defeated, and in dissenting reports on the proposal before the United States House of Representatives Committee on the Judiciary it was stated: [More…]
It may be asked why we are dealing with parliamentarians at one level and the judiciary at a different level in the same Bill. [More…]
Quite obviously - it should be stated so that it will be clearly understood - it is because the judiciary does not have a contribtion scheme for retirement pensions, whereas parliamentarians pay a contribution of the order of Hi per cent per annum of base salary. [More…]
As against that, I repeat that the judiciary is not required to contribute to a retirement scheme under this legislation. [More…]
To go back to the argument of the Opposition, 1 believe that the crime of treason does not automatically require the life of the person who has committed the treason to be taken, but we should retain on the statute books a provision so that the judiciary which is appointed by the Parliament of this country will be able to judge a man for his crime and, eventually, perhaps, call on him to forgo his life. [More…]
One of these areas in the judiciary provisions of the Act. [More…]
Persons are appointed to the judiciary who might have been members of a political party before they are appointed. [More…]
Senator Durack last night brought forward most impressively several matters with regard to the structure of the judiciary and with regard to internal security. [More…]
He is a member of the judiciary. [More…]
It appears to me that there is some credence to be given to the statement which I heard recently that if the Liberal-Country Party Government had been reelected Senator Wright would possibly have been appointed to the judiciary. [More…]
He is wrong to criticise the judiciary. [More…]
I hope that the Government will not stack the judiciary. [More…]
I agree with a lot of Mr Mundey ‘s militant attitudes on conservation, but if some member of the judiciary or the establishment resented Mundey being involved in this sort of thing, does Senator Greenwood mean that he could not appear as a spokesman for the Builders Labourer Federation, even if members of the union wanted him to do so? [More…]
Is the honourable senator suggesting that we have to look at the sincerity of the judiciary? [More…]
I would suggest with great respect that the imputations which fashionably are now being made by members of the Opposition about appointees or proposed appointees to the bench seem to be aimed at undermining public confidence in the judiciary and in those who hold quasi judicial positions. [More…]
If I recall properly, in the Senate we deferred the fixation or the increase in the salaries of the statutory officers until such time as there had been a review taking into account the proper relationship between the salaries of the judiciary, Parliament, the Ministry, statutory officers and permanent heads. [More…]
Likewise, if there should be an ultimate outcome in terms of what the judiciary decides which gives possibly to the States some authority over the submerged lands and the seas in the offshore area there must be co-operation between those bodies. [More…]
If our judiciary is to be rewarded or prejudiced according to the decision of the Ministry or one member of the Ministry it is a dangerous position into which we have fallen. [More…]
This is not an undermining of the independence of the judiciary because, in strictness, he was not a judicial officer, he was a non-judicial officer. [More…]
So we are not dealing with the independence of the judiciary. [More…]
I say this because of the red herring of the independence of the judiciary which has been dragged in. [More…]
The Government thinks it was right and proper in the circumstances and that it ought not be used as a vehicle for another of the attacks aimed at endeavouring to undermine the judiciary or those occupying quasi-judicial or high administrative offices in this community. [More…]
Far from what he alleges to be an attack seeking to undermine the judiciary, the purpose of what I have said and what Senator Wright has said has been to establish, and to have maintained, the independence of the judiciary. [More…]
I do not believe it is good for the standing of the judiciary for them to be seen to be holding a judicial office and not to be engaged in judicial activities. [More…]
If the appointment of one, two or three additional judges to the Northern Territory Supreme Court means that the judges of the Industrial Court have less to do, I do not think that is in the interests of the judiciary or of the standing of the judiciary in the community. [More…]
For example, the Judiciary Act states that the High Court shall consist of no more than 7 judges. [More…]
The relationship between the Superior Court and the High Court would have been dealt with by amending the Judiciary Act. [More…]
The Superior Court would, of course, be a federal court for the purposes of section SSB of the Judiciary Act, and a person admitted to practise before the Supreme Court of any State or Territory would be entitled to practise before the Superior Court in its Territory jurisdiction. [More…]
I believe an affinity is made to appear between the Executive and the judiciary whereas what should be done is to emphasise the distinction. [More…]
The third class of courts referred to by the Constitution is such other courts as the Parliament vests with Federal jurisdiction; that is to say, the State system of the judiciary. [More…]
I take the directly opposite view that the independence of the judiciary would be greatly strengthened if there were only a qualified right of appointment by the government which is responsible for the administration of legislation under review or if the court owed its existence to authority quite outside that government. [More…]
They understand the 3 levels of the judiciary- the inferior courts or magistrates’ courts; the intermediate courts or county or districts courts; and the superior or supreme courts. [More…]
As I anticipate it, the Leader of the Government is trying to protect an element in the judiciary. [More…]
But I want to consider the involvement of the judiciary with the highest executive officer of the land, the Governor-General. [More…]
I wish it to be clearly understood that I think that the involvement of the judiciary in executive office is a matter that needs to be carefully scrutinised on every occasion and a strict line of demarcation should be insisted upon. [More…]
But to such a degree has the draftsman of this Bill confused the GovernorGeneralship with the judiciary that there is a link between the pension to be payable to the Governor-General and the Chief Justice’s salary. [More…]
In the case of a member of the judiciary who retires, it is provided that he receives his pension only if he has reached the age of 60 years and if he has served not less than 10 years in office. [More…]
The proposal was defeated, and in dissenting reports on the proposal before the United States House of Representatives Committee on the Judiciary - [More…]
As I was saying, the proposal was defeated, and in dissenting reports on the proposal before the United States House of Representatives Committee on the Judiciary it was stated: [More…]
I had said that the last quotation came from the United States House of Representatives Committee on the Judiciary. [More…]
It was thought inappropriate for the Government to intervene at this stage in a case which is being decided by the judiciary. [More…]
I was saying, Mr President, that the Tribunal has jurisdiction to deal with the salaries of people of no less status than, firstly, Ministers of the Crown, including the Prime Minister; secondly, members of Parliament; thirdly, judges of the Federal judiciary; and, fourthly, heads of all Commonwealth departments and statutory authorities. [More…]
Anderson and Senator Cotton have quite properly drawn attention to the fact that the report does not concern only the matter of parliamentary salaries but it goes wider and covers members of the judiciary and members of the Public Service. [More…]
However, the report involves also the First Division of the Public Service, various statutory bodies and the judiciary. [More…]
There is a report upon the remuneration payable to the judiciary, a determination on remuneration payable to officers of the First Division of the Public Service and holders of statutory offices. [More…]
The Prime Minister is entitled to be able to state on behalf of the Government to those Premiers what the attitude of the Australian Parliament is in regard to the salaries of members of Parliament, members of the judiciary, heads of government departments and statutory bodies of the Australian Government, because that attitude automatically must have some reflection on the salaries of State ministers and parliamentarians, members of the State judiciaries and members of State independent or statutory bodies. [More…]
I have not been confronted by any judge at any level of the judiciary against whose decision, if I felt that he went wrong and it was my duty to appeal, I did not appeal. [More…]
Today, on an income basis, we politicians do not have the prestige of the members of the legal profession, the judiciary or the heads of our administration. [More…]
tells with a scholar’s soberness, the long story by which the judiciary, like a silkworm spinning its own cocoon, has given meaning to the meaningless language of the Sherman Law. [More…]
It is interesting and relevant to note that both Sir Owen Woodhouse and Mr Justice Meares, are outstanding representatives of a judiciary founded upon our English common law. [More…]
I think that Ansett, as a public company, has a responsibility to the travelling public, in the same way as TAA and the Minister have a responsibility to the travelling public, and that it should be playing the game with the people who wish to go to the north of Western Australia by giving them an effective service at reduced rates and not using the judiciary for the purpose of preventing competition from coming into the most lucrative field in which Ansett operates at the present time. [More…]
One can only wonder why anyone should seek to duplicate the judiciary for this purpose when the judiciary, as functioning throughout Australia and its Territories today, is highly efficient and highly regarded. [More…]
I think that is the time-honoured control that Parliament has always kept over both the Executive and the judiciary. [More…]
They should not have to go to some independent judiciary. [More…]
There should be- this is a very great difficulty in this area- a gulf between Parliament, the executive and the judiciary. [More…]
Furthermore, it adds a connection between the judiciary and the executive which I think is always fraught with problems because the power of the executive over the judiciary strikes at the independence of the judiciary. [More…]
But in all other areas, apart from that nexus, we ought to endeavour to keep the judiciary separate from the executive. [More…]
This would be just unreasonable and petitioners would be forced to perjure themselves as they did previously, and as they did to the knowledge of the legal profession and to the knowledge of the judiciary. [More…]
They knew that people had to get into the courts day after day and swear that they sincerely wanted their spouse to return, but everyone knew that in at least 90 per cent of the cases, and perhaps in 99 per cent of the cases, that was a lie; it was perjury being condoned by the legal profession and the judiciary. [More…]
I thought the Attorney-General made a very gratuitous criticism of the legal profession and of the judiciary, to put it in gentle terms, when he said that they acknowledged and had regard to the fact that in 99 per cent of the cases- Senator Murphy used these words- perjury was being committed. [More…]
I should like to know what will be the function of the judiciary in relation to petitions for dissolution of marriage that will be made under sub-clauses ( 1 ) and (2) of clause 26, and how we are to relate them to sub-clause (3) of clause 26 to which Senator Everett has referred. [More…]
I should like to know whether the function of the judiciary will be to weigh the facts presented by the 2 parties involved in regard to the establishment of irretrievable breakdown, and how the judiciary will determine this when it is related to the way in which the Bill is drafted. [More…]
I should like a comment from the Attorney-General as to the function of the judiciary in these circumstances, and particularly I should like him to relate that to clause 26 (3) which, as I said, has been discussed this afternoon by Senator Everett. [More…]
Notwithstanding anything contained in the Judiciary Act 1903-1973, an appeal does not lie to the High Court, except by special leave ofthe High Court, from a judgment, decree or order of the Supreme Court of a State given or made under this Act, whether in the exercise of original or appellate jurisdiction [More…]
Notwithstanding anything contained in the Judiciary Act 1903-1973, an appeal doth not lie to the High Court from a judgment, decree or order of a court exercising jurisdiction under this Act, whether original or appellate, except- [More…]
A person who is, under Part VIIIA ofthe Judiciary Act 1903-1973, entitled to practice in any federal court as a barrister or solicitor, or as both, has the like right to practice in any Slate court exercising jurisdiction under this Act. [More…]
Can the Minister inform the Parliament whether it is right that the independence of the judiciary should be dissipated in this way and whether there is any way in which he can take action to ensure that the Premier of Queensland causes an immediate announcement to be made that a District Court judgeship will not be used as a political reward? [More…]
That report contained proposals to increase the salaries of a large group of people including statutory officers, members of the judiciary and members of Parliament. [More…]
With those guidelines, sincere people desiring to expose but not to expand the true constitutional limits would say: ‘When Federation was established we established a High Court and a federal judiciary’, which in relation to the next Bill to be debated by the Senate I shall try to demonstrate that the Government is seeking to confuse and condemn the country by exploitation ‘but in the State sphere we maintained the Supreme Courts, the State judiciaries, the State Constitutions, the State powers and the State laws’. [More…]
The citizens of the States are entitled to enjoy their rights to have access to the State judiciary. [More…]
The point is that we would be trespassing upon the State jurisdiction if we were to put forward a request and consent in the name of the Commonwealth Parliament on a matter which is peculiarly within the State jurisdiction, but it is entirely within our right to put forward a request and consent to abolish an appeal absolutely from the High Court or the Federal judiciary because that is our responsibility and within our sphere. [More…]
Before the suspension of the sitting we were dealing with the Superior Court of Australia Bill and I was saying that the Opposition had no other course but to oppose this Bill because it would be a monstrous imposition upon the people of Australia in complexity and in defeating the whole purpose of the judiciary. [More…]
Therefore, I hope that support will be engendered for this proposal, first in the legal profession and then in the thinking community, so that by positive means we will provide for a unitary system of the judiciary in Australia. [More…]
It will remove the creative opportunity to improve our judicial system and it will seriously weaken our State courts, divide our judiciary and confuse the people. [More…]
If one looks at the present outline of the structure of the judiciary in Australia one sees that that structure, as it was originally envisaged and laid down, has developed in some quite extraordinary ways. [More…]
Unemployment will not be helped by this Bill because the people who are appointed to the judiciary are not the people who are unemployed. [More…]
What he has actually done is condemn the police system of Queensland, the judiciary of Queensland, the magistrates of Queensland, the Supreme Court of Queensland, the whole set-up of the BjelkePetersen administration of justice in Queensland and the honourable senator’s organisation of legal aid in Queensland. [More…]
The deliberations which led to the drafting of the Constitution envisaged the role of the Commission as being complementary to Parliament, the Executive and the judiciary and the existence of a body of such stature, with wide powers to deal with the interests of all parties involved in or affected by, transport, has been a persuasive argument in leading the Government to this decision. [More…]
If I, when in opposition, had got to my feet and said that all judges of the High Court were similarly in a position of being corrupted, I would have been told to resume my seat for daring to criticise members of the judiciary. [More…]
The theory of our Constitution is, of course, to divide the functions of the Government into three distinct parts- the Legislature to make the laws, the Judiciary to interpret the laws, and the Executive to administer the law. [More…]
One can draw that inference very simply from the structure of the Constitution- chapter 1 dealing with the Parliament, chapter 2 dealing with the Executive, chapter 3 dealing with the judiciary and a separate chapter 4 dealing with trade and commerce and containing the very provisions which are the basis of this legislation, namely in sections 101 and following sections. [More…]
We in our Constitution endeavoured to provide protection of individual rights by creating an entrenched judiciary in the Federal field, lt is well known that we adopted to some degree from America the separation of powers and that that was much influenced by Montesquieu ‘s mistaken interpretation of the English system at the time the American Constitution was penned. [More…]
We were then relying almost exclusively upon the judiciary proper. [More…]
Of course, a Federal court has endeavoured to establish the judiciary in an exclusive field of its own. [More…]
but we could not help realising that the excellence of the judiciary and the thoroughness and the impartiality of legal procedure are of little avail to those who cannot get their cases into court. [More…]
That provision is being made exclusive so as to ringbark the State Supreme Courts and so the great panjandrum down below thinks he is going to have a judicial umbrella in a comprehensive Federal court and that that will create a judiciary that will interpret his laws according to social democracy. [More…]
If one maintains the unity of the judiciary one escapes the awful gap where arguments exist endlessly before the case begins as to whether it is proper to go to the Federal court or to the State court. [More…]
It would seriously weaken our State courts, divide our judiciary and confuse our people. [More…]
I can remember that when the matter came up before the Joint Committee on Pecuniary Interests of Members of Parliament, of which I was a member, I expressed the opinion that from my knowledge of the attitudes of the judiciary it would be unlikely that any Australian judge would like to be pronouncing on these matters pending a decision of the High Court. [More…]
I would imagine that the people who are going into high positions in the judiciary world today and who are in their forties have a different attitude from some of their learned friends in their seventies and eighties, and they do exist. [More…]
Is the attack by Senator Greenwood on Mr Justice Murphy another breach of convention in that it has always been the rule in this Senate that no senator should criticise the Crown or the judiciary? [More…]
My motivation in this was a concern for the standing of the judiciary, the upholding of judicial standards and acceptance of the law and the courts and the decisions of the courts throughout the community. [More…]
The Judiciary Act 1912 . [More…]
He points out also that the judiciary has a tendency to accept, although he thinks that they should be taken together in arriving at a decision, one of the criteria and apply it to the interpretation of a particular document which then becomes law. [More…]
The judiciary was justified in construing the words of the legislature to mean in a prohibited area or in the vicinity of a prohibited area’. [More…]
Further, I remind honourable senators 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 1942 was passed to enable him to hold that office in addition to his judicial office. [More…]
Members of the Opposition who are making accusations and maligning members of the royal commission and denigrating members of the judiciary should go to tomorrow’s meeting of the Royal Commission and give evidence. [More…]
I know that the Senate is not a court, but I hope that those lawyers who sit on the Opposition side of the Senate will remember the days when they were in practice and remember that the rules about the calling of witnesses are not there just because of some quirk in the minds of the judiciary or because of some strange archaic practice which has not yet gone out of fashion. [More…]
I refer to the power that resides in the judiciary and, of course, the power that clearly is now accepted by honourable senators and unfortunately by the community generally to reside in the representative of the Crown. [More…]
A Judge should uphold the integrity and independence of the judiciary; [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…]
I suppose, put in its simplest terms, it is felt that if one does have to have spooks in society, it is at least advisable that the spooks be supervised by a non-spook, that is to say a member of the judiciary. [More…]
It is also felt, having regard to the traditional acceptance of the role of the judiciary in Australia as being an independent one, that the fact that the Director-General is a judge symbolises in some way the independence of the Australian Security Intelligence Organisation from the government of the day. [More…]
I make the point that the appointment of Mr Justice Woodward to ASIO will be an appointment from the judiciary. [More…]
Australian democracy has had an opportunity to express its purpose of the Crown and of the Parliament pivoted on the judiciary. [More…]
If we allow the Industrial Court, a by-product of the Boilermakers’ case of 1956, to become a polyglot, ratbag resort for justices according to political convenience, we are exposing it to the utmost risk as to the integrity and independence of the judiciary in the industrial field where the independence and integrity of the judiciary is demanded in a special fashion. [More…]
I rise to speak in this debate only because I spoke, when in Opposition, as strongly as I could about the onslaughts upon the Federal judiciary made by the Whitlam Government under the guise of the Superior Court Bill. [More…]
It is imperative, if we are to maintain a judiciary that serves the people, not divided federally, on the one hand, and according to States, on the other hand, that the people should have absolute confidence that according to the law they will receive justice expeditiously, economically and promptly. [More…]
The individual rights in the industrial field are the most important rights to be balanced by the judiciary. [More…]
I rise to speak only because in the next 12 months I want to bring the principles that I have attempted to express to the attention of the Government- a Government of terrific resourcefulness- so that within that time the judiciary in the Federal sphere will be brought to proper dimensions. [More…]
We all know that some 6 months ago Mr Whitlam decided that the time had arrived for the appointment of a person from the judiciary to this position. [More…]
I think it is established clearly in the public mind that we of the Labor movement believe that the person who occupies this important position should remain a member of the judiciary. [More…]
I do not suggest- and I am sure a lot of people in the Australian community do not suggest- that the mere appointment of a person from the judiciary will guarantee that the intelligence organisations will operate in a manner in which they should -in the manner which was obviously in the mind of the Government in 1 949 when it established the Australian Security Intelligence Organisation. [More…]
We trust- certainly this was in the mind of Mr Whitlam when he brought forward legislation similar to this in 1975- that the appointment of a member of the judiciary, in this case Mr Justice Woodward, will take us back to the 1 949 concept and that we will get out of the area where spies, counter spies, spooks and other similar people are involved in these activities. [More…]
Politically, they were given the idea of modern administrations, an independent judiciary and democratic government. [More…]
In the first instance Senator Sir Magnus Cormack seemed to suggest that Professor Geoffrey Sawer, whose article was published in today’s Canberra Times, was the epitome of virtue and approached infallibility in matters of historic interpretation whereas Senator Wright seemed to suggest that he believed that Professor Sawer should be impeached because he had cast aspersions upon a member of the judiciary. [More…]
We will not have to go to the judiciary in order to see what something means. [More…]
Senator Webster would be one of the first, of course, if Sir Garfield Barwick were to be reflected on, to say: ‘What a shocking thing it is to reflect on a member of the j judiciary ‘. [More…]
I want to take just 2 minutes because when this matter comes to another jurisdiction I intend to direct some remarks to the federal judiciary. [More…]
When it comes to the Family Court I will be expanding at greater length on this question of the absolutely unsatisfactory condition of the federal judiciary. [More…]
It surprises me to be told that we have appointed to the judiciary people who for 5 months have been expecting, on Executive promise, increases of the order mentioned here. [More…]
The right of the citizen and the working of the Constitution in the sense which I have described have upon the whole since the fall of the Stuart dynasty received from the j judiciary-and they appear to me still to demand of it- a constant and most watchful respect. [More…]
When one examines what was done in 1975 one can see the complete hypocrisy of the conservative forces at that time, aided and abetted as they were by highly placed people in the Australian media and in other conservative places, including the judiciary in the person of Sir Garfield Barwick, and the Governor-General. [More…]
The provisions for appeal as of right correspond to those contained in the Judiciary Amendment Bill 1976. [More…]
The Judiciary Amendment Bill, together with a number of other measures to be introduced separately will give to the State Courts new jurisdiction in constitutional matters and in tax and industrial property. [More…]
The federal judiciary will, by this Bill, be better placed to handle the important areas of trade practices and administrative law, in addition to bankruptcy and industrial law. [More…]
Judiciary Amendment Bill 1976 [More…]
I present the Judiciary Amendment Bill 1976. [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…]
The scheme of the Judiciary Act is broadly as follows: [More…]
This position was finally established by the Judiciary Act 1968. [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…]
These Bills relate to the Federal Court of Australia Bill and the Judiciary Amendment Bill and deal with the exercise of federal judicial power and the structure of the Supreme Courts of the Australian Capital Territory and Northern Territory. [More…]
Within the constitution of Nauru there is provision for a Supreme Court and in the section of the constitution relating to the judiciary there are references to the relationship between the Legislative Assembly of Nauru and the Supreme Court of that Republic. [More…]
Clause 1 1 ensures that State courts shall have jurisdiction with respect to these offences in accordance with the Judiciary Act 1903 but, except in the case of trials on indictment for offences committed in a State which by section 80 of the Constitution must be heard in the State where the offence is committed, this clause permits the State courts to exercise jurisdiction without regard to the limitations imposed by the Judiciary Act as to locality of the offence. [More…]
Concurrently with those court proceedings there was a reference before the Congressional committee, and the House Judiciary Committee voted impeachment articles on 3 1 July. [More…]
More importantly, however, it will help to secure the independence of the Federal Judiciary, notwithstanding the existence of a procedure for fixing retiring ages. [More…]
This will remain the formal ultimate guarantee for the independence of the Federal Judiciary. [More…]
It will provide for Federal Judges to retire at an appropriate age without in any way interfering with the independence of the Judiciary. [More…]
I believe that we are looking at the way in which there should be an interplay between the Executive, Parliament, the judiciary, a courageous Press and the Public Service. [More…]
It may be that social democrats like myself will have greater faith in the judiciary now that the High Court of Australia has people of the calibre of the former Attorney-General, Senator Murphy. [More…]
In the period to which I referred, 1968-69, it was futile for the then Senator Murphy to refer to certain cases in the United States because he might have had cold comfort from the judiciary. [More…]
Consultation has been sought with leading academic figures, with the judiciary, with health and welfare professionals and administrators. [More…]
In regard to the judiciary, the Senate Standing Committee on Constitutional and Legal Affairs stated in its report: [More…]
Is it a fact that in evidence before the Toose Committee inquiry many ex-service organisations supported the view that ex-servicemen should be entitled to legal representation, particularly as the President of the new Tribunal will be a member of the judiciary? [More…]
The Judiciary Act has long embodied the policy that actions of Commonwealth officers should not be subject to review by way of mandamus or writ of prohibition in State courts- section 38 of the Judiciary Act. [More…]
The clause further makes it clear that actions of the federal judiciary are not to be subject to review in State courts. [More…]
The Committee believes this to be of fundamental importance in maintaining the independence of the judiciary. [More…]
It involves something which is very fundamental to the principles upon which Parliament and government in Australia have operated in their relationship with the other arm of government, that is, the judiciary. [More…]
I think this situation does great damage to the judiciary. [More…]
Nobody can lay the criticism against railway employees that was made by Senator Wright of the golden handshake given to retired members of the judiciary. [More…]
If we want the arbitration system to represent the whole of the spectrum of the judiciary we need men like Mr Justice Staples. [More…]
I believe that it leads the world with the provisions it recently introduced into the Judiciary Act. [More…]
In accordance with past practice where members of the judiciary have been appointed to executive offices- for example, the appointment of Mr Justice A. E. Woodward, when a judge of the 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 to enable Mr Justice Fox to retain his judicial status and the rights which attach to that status while Ambassador-at-Large. [More…]
The Remuneration Tribunal reported that alterations were desirable in the remuneration and travelling allowances payable to judges, including those members of the judiciary who occupy quasi-judicial positions, such as the Chairman of the Prices Justification Tribunal, at that time Mr Justice Williams, the President and Deputy Presidents of the Conciliation and Arbitration Commission, the President of the Trade Practices Tribunal, the President of the Administrative Appeals Tribunal, the Director-General of Security, Mr Justice Woodward, the Chairman of the Law Reform Commission, Mr Justice Kirby, and the Chairman of the Commonwealth Grants Commission, Mr Justice Else-Mitchell. [More…]
As I understand it, since that time there has been an adjustment in the salaries of members of the judiciary in Queensland as from 1 July 1977. [More…]
We accept for the judiciary the principle of comparable wage justice which Senator Douglas McClelland has argued and which I think the Government accepts. [More…]
We should not put all the blame on those people who are forced to take some industrial action to obtain what is accepted by other tribunals as a fair reward for services, as is acknowledged in providing a fair reward ibr the judiciary. [More…]
When one looks at the areas of responsibility, I do not think it can be said that the staff working for members of the judiciary who are covered by this Bill should enjoy better privileges, pay and conditions than the people we employ. [More…]
It is to be found in the big corporations, areas of the judiciary and other places where the real decisions about the economy are made. [More…]
The honourable senator knows that he must not refer to a member of the judiciary. [More…]
In 1910 the Commonwealth Parliament attempted to confer an advisory opinion jurisdiction upon the High Court by the Judiciary Act 1910. [More…]
As he noted clearly and succinctly, the Judiciary Act was passed in 1910 but it was not until 192 1 that the High Court rendered an opinion that that Act was invalid. [More…]
-The Opposition does not oppose the Judiciary (Diplomatic Representation) Bill. [More…]
I do not want to be misunderstood in relation to the Judiciary (Diplomatic Representation) Bill. [More…]
In my opinion that is monkeying with judicial remuneration which is entirely wrong ‘in relation to the independence of the judiciary. [More…]
There are also centres of power in the regal area, in the judiciary and in the top echelons of Australian industry. [More…]
He called for files on all the heads of departments, all the members of the judiciary, all the magistrates and all the members of parliament in South Australia. [More…]
Finally, it is proposed that section 6 1 of the Atomic Energy Act be deleted as it is no longer required in view of recent amendments to the Judiciary Act. [More…]
I believe that the amendments proposed by this Bill will provide more effective means of dealing with legal issues arising under the Act and represent a practical and logical approach to achieving the most resourceful use of the judiciary. [More…]
If we let a Director be superior to a Justice of the Supreme Court it will be a bad day for our judiciary. [More…]
Section 38 of the Judiciary Act requires States to make application to the High Court. [More…]
The Judiciary Act in its next section, section 39, confers jurisdiction on all the ordinary State courts within the limits of their several jurisdictions in relation to actions brought by individuals if those individuals have standing. [More…]
In saying ‘elsewhere’ are you referring to a judiciary inquiry? [More…]
Then he went on to suggest the appointment of an independent moderator from the judiciary. [More…]
It provides for a number of entrenched clauses in the new constitution in such key areas as the judiciary, public service and police and defence forces. [More…]
This matter is of most particular importance for the independence of judiciary. [More…]
We have always insisted upon a life long tenure, or now a fixed tenure up to a specified age, but with a guaranteed emolument fixed by Parliament so that there should be no suggestion that the judiciary is in any way dependent upon the favour or the hate of the Executive of the day. [More…]
It is almost impossible for members of parliament, the judiciary, members of the legal profession and the individual citizen to be aware of the Commonwealth legislative provisions which exist in this country. [More…]
The need for this balance was expressed in the report on the United States Freedom of Information Bill by the Senate Committee on the Judiciary in the following terms: [More…]
That fundamental cause, unless achieved in the next 50 years, will give us a divided judiciary, as there is in America, to our great ruin. [More…]
I suggest that preferably it should be a judiciary inquiry with wide terms of reference and at all times discussion should be open to the public. [More…]
the reorganisation of the federal judiciary by the creation of a new federal court to replace the Federal Court of Bankruptcy and the Australian Industrial Court; [More…]
to make amendments consequential upon the enactment of the Judiciary Amendment Act 1976 and the Federal Court of Australia Act 1976. [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…]
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…]
It may be recalled that the Judiciary Act was amended in 1 976 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…]
The passing of the Remuneration Tribunals Act in 1973 took this question out of the area of controversy and left the Tribunal with a capacity to assess the work value of those in respect of whom it has sought to make recommendations on salaries, that is, office holders, members of Parliament and members of the judiciary generally. [More…]
sections 69, 70, 71 and 71 a of the Judiciary Act 1903, do not apply to or in relation to matters arising in or in relation to that State under the provisions of the criminal laws in force in a State or Territory as applying by virtue of this Act. [More…]
They have said that the traditions of our Westminster system are protected by three sources of power in our country- the judiciary which interprets the laws, the Executive which frames the laws, and the Parliament which passes the laws. [More…]
Fourthly, it makes amendments which are consequential upon the enactment of the judiciary Amendment Act 1976 and the Federal Court of Australia Act 1976. [More…]
It is pleasing also to see the general clearing away of some of the byzantine jurisdictional complexities of the Judiciary Act and its associated legislation, which has given generations of students, teachers and practitioners nightmares trying to understand and apply. [More…]
It provides for the insertion in the Federal Court of Australia Act of a provision similar to section 17 of the Judiciary Act under which the State Supreme Court is invested with jurisdiction to make interlocutory orders in chambers in a proceeding pending in the General Division of the Federal Court. [More…]
With the greatest of respect, as usual, to the members of the judiciary who may be called upon to resolve these matters, I suggest that in the context of section 45D one has a classic example of a politico-legal provision which requires interpretation and application by judges who have at least some sense of the context in which the legislation is being applied. [More…]
It is staffed by some very able people both on the side of the judiciary and on the side of the officers who work in that court. [More…]
In relation to these matters in England both the judiciary and the Parliament have recognised that the whole of society- its vitality, its provisioning with funds, its sense of fairnessand this whole bundle of matters concerned with taxation are at stake and of far greater moment than the usual stricture against retrospectivity. [More…]
It is well known that the Master of the Rolls, Mr Justice Green in 1942 indicated the judiciary’s view that retrospective legislation in regard to tax matters was compatible with the normal protection by common law judges of citizens against legislation of a penal character. [More…]
He is not part of the independent judiciary, and he should be. [More…]
The Bill makes no provision for any kind of accountability of, the reporting to or the involvement of any other person or body, be it the Parliament, the Leader of the Opposition on any scale, the AuditorGeneral, the judiciary or whoever else. [More…]
Because from time to time he wants an excuse to exclude Ministers from the Ministry, he is bringing the judiciary under serious suspicion and accusation. [More…]
The Committee believes that this would involve an undue interference in the functions of the judiciary. [More…]
In order to assist the judiciary in the administration of court systems and to provide information and advice which would enable the judges to keep the rules of their court practical, simple and up-to-date, the Committee recommends that the Government give consideration to establishing an institute of judicial administration along the lines of those already operating in the United Kingdom and the United States. [More…]
In addition to the assistance which such an institute could provide to the judiciary, it is envisaged that its advice and assistance would be made available also to the Senate Standing Committee on Regulations and Ordinances in the exercise of its power to recommend the creation, amendment or substitution of rules of court. [More…]
In this extended class, for example, are such things as by-laws made under the Telecommunications Act, the Postal Services Act and the Australian National Railways Act, rules of court made under the various bits of legislation establishing the different arms of the federal judiciary, and also certain ministerial orders of a legislative character. [More…]
This Parliament has to be sensitive in this particular instance and in all instances to the way in which persons coming to power, very often by means that are illegal or regarded as improper, then use the judiciary, the military and the means of force at the disposal of the state to deal with their political opponents and to silence them in the most complete way possible. [More…]
It is something that all Australians should protest about on this occasion and indeed on any other occasion when the judiciary of a country is used to exact terrifying revenge upon people whose only crime in the long run may have been to hold different political opinions. [More…]
Edward H. Levi, the United States Attorney-General, to the United States House of Representatives Committee on the Judiciary, Sub-committee on Civil and Constitutional Rights, in February 1976. [More…]
It also had files on a Supreme Court judge and other members of the judiciary. [More…]
Members of the judiciary sit on cases and make comments about what they think is disgraceful social behaviour. [More…]
Fortunately they are qualities that are readily found in the judiciary of this country, as we have found with the two judges who have been intimately concerned with this legislation and this Organisation- Mr Justice Hope and Mr Justice Woodward. [More…]
A few minutes ago I gave notice that tomorrow I shall introduce a Bill to amend the Judiciary (Diplomatic Representation) Act, which is designed to enable Mr Justice Fox to accept appointment as an ambassador-at-large and to preserve his judicial status and office during the period he is such an ambassador. [More…]
But that Bill will simply extend the application of the existing Judiciary (Diplomatic Representation) Act to cover the new situation of the appointment of Mr Justice Fox. [More…]
Judiciary Act 1903-s. 3a (1). [More…]
The purpose of this Bill is to remove doubts that have arisen as to whether, as a matter of law, the provisions made by section 3 of the Judiciary (Diplomatic Representation) Act 1977 in relation to Mr Justice Fox’s service and salary while performing the functions of AmbassadoratLarge apply to his service under extensions of the original term of his appointment. [More…]
The article concerns the possibility of costcutting moves by this Government involving the use by the Federal judiciary and concilation and arbitration commissioners of chauffeur-driven government vehicles. [More…]
Mr Nasht that whilst the use of chauffeur-driven government vehicles by the Commonwealth judiciary between home and place of work in their home city is an extravagance which should be curtailed, such curtailment should not be used by this Government as an excuse to cut down the number of Commonwealth car drivers in the Government’s employ. [More…]
The first concerned the cost of the apparently unlimited availability of cars to the judiciary, and to presidential members of the Conciliation and Arbitration Commission. [More…]
It concerns the use by the judiciary of cars which apparently are provided with a driver. [More…]
In that respect, he appears not to have been content with housing the Sydney bar during his leadership of it some years ago; he now wants to go down - I hesitate, because it might be unparliamentary, to describe him as the Albert Speer of the Australian judiciary- to put it politely, as the King Cheops of the Australian judicial tradition, the man to bring to the fruition the long cherished dream - [More…]
The ACTING DEPUTY PRESIDENT- The comment is made on page 152 of Australian Senate Practice that the judiciary is not to be criticised nor are reflections to be made on judges. [More…]
The judiciary in New South Wales has remarked on the matter. [More…]
As I said, that vital legislation denies any form of government communication to the courts, let alone to the Press, the public, interested groups or the judiciary. [More…]
The article then drew attention to what has been a very long standing problem in this country- the propensity of the judiciary to usurp the political legislative powers of the Parliament. [More…]
What the Privy Council is saying in that passage is that the judiciary will sit in judgment on top of the Parliament in making political decisions. [More…]
-The Opposition has prepared and circulated an amendment to the Judiciary (Diplomatic Representation) Amendment Bill 1979. [More…]
These warrants are to be authorised by the judiciary and safeguards have been included in the Bill to ensure that they will only be requested when there is objective evidence or reason to believe that conversations being overheard are related to persons involved in, or places being used for, narcotics offences. [More…]
There have been questions raised that the white minority there still holds control of the police, the judiciary, the security forces and the public service. [More…]
The Bill to amend the Judiciary Act 1973 provides, by clause 3, that section 67b of the principal - [More…]
It is a fact that recently one judge of the Family Court resigned to go back to his practice at the bar, but I think that, generally speaking, the argument about mobility in the labour force generally has little application to the judiciary. [More…]
A matter pending in the High Court’s original jurisdiction, with respect to which a State, Federal or Territorial Court would have jurisdiction- the High Court is now empowered to remit the matter for trial in such a court, (s. 44 of the Judiciary Act, inserted by s. 9 of the Judiciary Amendment Act 1976); [More…]
He announced to Parliament on Tuesday night- while the Government was still dilly-dallying about what to do about the situation- that ‘the Government has decided that it is appropriate, in relation to a narcotics investigation, for a warrant authorising the use of a listening device, to be issued by the judiciary.’ [More…]
It will require that judges are satisfied on proper evidence that is put to them, it will not be good enough for someone to come along to a member of the judiciary and say, ‘I must have a warrant for this interception and my reasons are simply that I have all of these reasonable grounds. ‘ [More…]
I hope that in the way in which members of the judiciary would be prepared to make an evaluation about an application for a warrant to intercept such communications they would be properly satisfied that requests were bona fide and they genuinely had a prospect of leading to the conviction of those people involved in the wholesale trade for profit in marihuana or any other narcotic substance. [More…]
In exactly the same way as a member of the judiciary at some stage makes up his mind whether somebody is guilty or innocent- on the basis of the evidence that is put before him and his own ability to make a rational judgment. [More…]
We believe that we can rely on the good sense and experience of the judiciary in handling these applications. [More…]
As I have repeatedly said in this debate, the Government believes that it should leave these sorts of questions to the good sense, responsibility and experience of the judiciary. [More…]
The judiciary ought to be encouraged to make effective use of it, but also it ought to be used in a fashion that is uniform so that people will not believe that it is designed to trap and penalise some offenders but not others. [More…]
1 ) Under section 3 of the Judiciary ( Diplomatic Representation) Act 1977, Mr Justice Fox retains the annual salary and allowance that he would have had as Chief Judge of the Supreme Court of the Australian Capital Territory and a Judge of the Federal Court of Australia. [More…]
I have the oldfashioned view that the Westminster system is designed on the basis of divisions of power; that the Executive frames the laws, that the Parliament, not the Executive, makes the laws, and that the judiciary attempts to give effect to the laws. [More…]
We can rely on the good sense and experience of senior members of the judiciary, who are the only people who can issue a warrant in these matters. [More…]
As I have said, the problems raised by Senator Evans clearly can be accommodated by the judiciary in the imposition of the sentences in the particular case. [More…]
I think Senator Evans pointed out that, in the experience of the very country which gives us our abhorrence in normal circumstances of retrospective legislation having penal consequences, the judiciary in the form of Lord Green, Master of the Rolls back in 1942, and previous and current English Chancellors of the Exchequer- both the judicial and political wings of the English system- have agreed that retrospective tax legislation is a necessary part of the arsenal of society against those people who would undermine the very fabric of society by denying revenue to government and by creating unfairness between citizens who are taxpayers. [More…]
I ask: What consultation did the Minister have with members of the judiciary on legislation affecting the role or status of the judiciary prior to the drafting of that legislation or its presentation to the Parliament? [More…]
Does he agree that it is a sound principle to consult members of the judiciary before the form of any such legislation is finally settled? [More…]
The question asked what consultation I had with the judiciary. [More…]
To facilitate proper discussion and knowledgeable debate on the industrial law which we will proceed to debate tomorrow, could the Minister inform us of the judiciary’s opinion of the amendments to the Conciliation and Arbitration Act by releasing details of the telexes from the 25 commissioners and the letter from Mr Justice Staples so that we will know the opinion of those who control the Act? [More…]
Does the Minister think it improper to release to this Senate such details of the opinions of the judiciary to assist it in this informative debate? [More…]
There is no evidence of support from those who have been charged by the national Parliament through Executive Council- I refer to some 30 members of the judiciary- with the responsibility of putting into effect industrial relations aspects of national Parliament decisions. [More…]
It is wrong to reflect in any way on the character or person of a member of the judiciary. [More…]
It is not an infrequent happening for the judiciary to be critical of legislation passed by parliaments. [More…]
It is to demand of the Full Bench of the Commission more than any community can demand honestly of its judiciary. [More…]
The ruling in this place in the past has always been that one should refrain from making any derogatory statements with respect to the judiciary. [More…]
References have been made on both sides of the House to the judiciary and it is difficult to avoid it in this sort of circumstance. [More…]
-The Constitution provides for the independence of the judiciary and its function is to decide the legal matters. [More…]
It does not enjoy support from the judiciary and it is the sort of legislation that ought not get the support of the Australian Senate if it is a Senate worth its name as a House of review. [More…]
In the case of Karen Green the judiciary found that the Director-General did not act properly. [More…]
It does not have an independent judiciary. [More…]
There were the old fashioned Parliament men, if I can so describe them, like Jim Killen, who were against what they perceived to be an encroachment by the judiciary on the rights, prerogatives and preserves of the democratically elected representatives of the Parliament. [More…]
I know that the libertarian attitudes of our judiciary tend to be somewhat conspicuous by their absence. [More…]
I was saying that one of the reasons for my not supporting the idea of a Bill of Rights is the extent to which it makes the rights of individual citizens dependent not just upon the views of the judiciary but upon the views of the particular judges of the day. [More…]
If one could be assured that there was some degree of continuity, that rights once defined and laid down by the judiciary were to remain without change one would have a little more confidence in a Bill of rights. [More…]
One can look for instance at even a judicial expression of the fact that the judiciary will itself from time to time vary the way in which legislation is to be interpreted. [More…]
Frankly, I am not impressed with the idea of making the fundamental human rights of Australian citizens dependent upon what the judiciary says will vary from time to time, as time unfolds, and as circumstances and conditions alter because I do not want human rights in Australia to be dependent upon time and circumstance. [More…]
It is of no use the Government’s saying ‘we cannot affect matters within State jurisdiction’ or we are not going to go so far as to give a judiciary enforceable right’. [More…]
That is quite different from the proposition I am putting that one needs a judicial Bill of rights or list of human rights in the sense that, once they are denned with as great a precision as is possible by the elected representatives, an independent and impartial tribunal, a judiciary, ought to be given the power to enforce them. [More…]
What this Government has failed to do is to go through the hard exercise of developing a list of human rights appropriate to the Australian situation, detailed as unambiguously as possible, and then to say to the judiciary: ‘We have done our part as elected representatives in identifying the rights necessary for Australians in a democratic society; you develop the remedies and apply them, whether by way of injunction, direction, damages or whatever’. [More…]
It is a view of the relationship between the Executive and independent tribunals which has been challenged at the highest level of the judiciary of this country, namely, the High Court of Australia, and at the highest political level in this country, namely, a Senate standing committee. [More…]
Therefore, in the face of these indications of opinion by the other two arms of government, namely, the judiciary and the Parliament, indicating that the balance of power between the Executive and members of the public needs to be altered in favour of the member of the public or at least that an impartial tribunal should make the judgment and not the Executive by way of a conclusive certificate the Government ought to withdraw clause 15 of the Bill. [More…]
This gives strength to the English law contention that the judiciary, by expounding the law, characterises it a lot more effectively than does the legislature. [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…]
The Judiciary Act 1903 which provided for a High Court consisting of a Chief Justice and two other Justices included a 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…]
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…]
The remaining provisions of the latter Act which are procedural in nature are to be incorporated in the Judiciary Act. [More…]
Judiciary Amendment (No. [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…]
That amendment is effected by clause 7 of the Bill, which relates to section 23 of the Judiciary Act. [More…]
The substance of the recommendation was, of course, to extend the rule-making power beyond the simple confines of the judiciary and to create committees in which the legal profession would be properly represented. [More…]
I suggest rather that the real reason for this rejection is simply an undue deference by the Executive and by this Government to the undue sensitivities of the judiciary. [More…]
The reality of the matter is that the interests of the judiciary in the conduct of court matters are not always coextensive with the interests of those who come before the courts as litigants and as those who represent litigants. [More…]
The Committee recommended simply that the Government consider the establishing of such an institute to assist the judiciary in the administration of court systems and to provide information and advice to enable the judges to keep their rules of court practical, simple and up-to-date; or, alternatively, that funds be provided to assist the voluntary body of the same name which was established in 1978. [More…]
Sir Garfield ‘s passion for preserving the powers, privileges and sanctity of the judiciary and the judicial process from any sullying by intrusion from the real world is well known. [More…]
That the Government consider the establishment of an Institute of Judicial Administration to Assist the judiciary in the administration of court systems and to provide information and advice to enable the judges to keep their rules of court practical, simple and uptodate; alternatively that funds be provided to assist the voluntary body of the same name which was established in 1978. [More…]
So far as the proposal seeks support for the existing Institute with funds, the Government notes that Institute has only recently been established and that its existence and objects are not, as yet, widely supported even by members of the judiciary. [More…]
More importantly, it also contains a clarification of Parliament’s power to disallow all kinds of rules of court made by the judiciary. [More…]
The second Bill is the Judiciary Amendment Bill (No. [More…]
I wish to mention in passing one other small matter in relation to the Judiciary Amendment Bill. [More…]
I refer to clause 13 of the Judiciary Amendment Bill and in turn to new section 77D (2) of the Judiciary Act. [More…]
The Attorney-General put in his second reading speech, and it has been put in debate in the other place, that the overwhelming justification and legitimisation for the new arrangement is the traditional notion of the independence of the judiciary and, accordingly, the propriety of the judiciary having independent control over finance- it being one of the three major arms of government. [More…]
It has long been the subject of complaint- it is currently the subject of quite vociferous complaint by the Speaker of the House of Representatives and I know that you, Mr President, have joined with him in making noise about this matter- that the Parliament does not enjoy any degree of budgetary independence from the Government and that this is quite in conflict with Parliament’s standing as an equal arm of government along with the Executive and the judiciary. [More…]
There are some major amendments to the existing Judiciary Act, which now provides for the constitution of the High Court. [More…]
When I was a young boy at school I was always told that there were three arms of government: One related to the Parliament, one related to the Executive and one related to the judiciary. [More…]
The honourable senator is using language which certainly is not appropriate in reference to the judiciary or to judges. [More…]
There is a matter in the practice of this chamber that refers to reflections on the judiciary. [More…]
The Judiciary is not to be criticised, nor reflections made on Judges; . [More…]
I ask him to refrain from such reflections on judges, a judge or the judiciary. [More…]
At that time I requested that the matter receive the attention of the Standing Orders Committee so as to clarify whether there was any constraint, special protection or restriction on the comments that may be made about members of the judiciary, including the Chief Justice. [More…]
It has always been the practice that members of the judiciary are not criticised and reflections not made upon them during general debate. [More…]
Has he been named because he allegedly made some remark reflecting on the judiciary - [More…]
If he has been named because of remarks he made about the judiciary, I ask you to think seriously before any action is taken. [More…]
That follows from the way in which the word ‘person’, as it appears in the present text of the legislation, has been construed by the judiciary as not extending to and including courts. [More…]