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Topic: High Court of Australia


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In the News (Mon 8 Sep 08)

  
  High Court of Australia - Wikipedia, the free encyclopedia
The High Court is mandated by Section 71 of the Constitution, which vests the judicial power of the Commonwealth of Australia in it.
The issue of appeals from the High Court to the Privy Council was a significant one during the drafting of the Constitution, and it continued to be significant in the years after the court's creation.
The first Chief Justice of Australia, Sir Samuel Griffith, is administered the judicial oath at the first sitting of the High Court, in the Banco Court of the Supreme Court of Victoria, 6 October 1903.
en.wikipedia.org /wiki/High_Court_of_Australia   (3701 words)

  
 High Court - Wikipedia, the free encyclopedia
High Court usually refers to the superior court of a country or state.
In some countries it is the highest court (eg Australia) and in others it is lower in the hierarchy of courts (eg.
Court of High Commission (ecclesiastical court in England)
en.wikipedia.org /wiki/High_Court   (126 words)

  
 IN THE HIGH COURT OF AUSTRALIA
The 1996 Brennan High court ruling was a grossly unacceptable and shameful violation of human rights for humanity has the inalienable given right to apply the laws of this universe and have all governments subject to the laws of this universe, as we all are.
To demand the High court honour and enforce its' ruling of 1996 by Justice Brennan is not trivial, not frivolous, not vexatious and not an abuse of the High courts' processes.
High court Judiciary have inflicted their intellectual and unethical bankruptcy on Australia, upon its' people and me. Large numbers of people can say it's due to the long history of political appointment of judiciary; but replacing judiciary from the corrupt and incompetent Australian legal system and legal education system won't work.
home.pacific.net.au /~t_rout/Petition_h.c_2001.htm   (6240 words)

  
 High Court of Australia - About the High Court - History of the High Court
Although the High Court of Australia was established in 1901 by Section 71 of the Constitution, the appointment of the first Bench had to await the passage of the Judiciary Act in 1903.
The Great Depression had caused the workload of the High Court to decrease, and consequently there was a view in some areas of government that, in the interests of economy, the two vacancies on the High Court Bench should not be filled.
Appeals to the Privy Council from decisions of the High Court were effectively ended by the combined effects of the Privy Council (Limitation of Appeals) Act 1968 and the Privy Council (Appeals from the High Court) Act 1975.
www.hcourt.gov.au /about_02.html   (1618 words)

  
 Powerflex Appeal 30 September 1999 High Court of Australia
The High Court accepted the reasoning of the lower Appeal Court and found that the reserved command words of the Dataflex language were not in isolation or in collection computer programs within the definition of section 10 of the Australian Copyright Act 1968.
The High Court of Australia indicated that it was of extreme importance to identify the relevant "set of instructions" which might attract protection under the provision of the Copyright Act.
The High Court also rejected the argument that the collection of the words amounted to a set of instructions because the source code underlying each of the corresponding commands in Dataflex and PFX Plus was different and on the High Court's analysis could not have been an infringement.
www.tsz.com.au /pflex2.html   (900 words)

  
 High Court of Australia - Justices - Chief Justice Gleeson
High Court of Australia - Justices - Chief Justice Gleeson
Anthony Murray Gleeson was appointed Chief Justice of the High Court of Australia in May 1998.
At the time of his appointment he was Chief Justice of the Supreme Court of New South Wales, having been appointed to that office in November 1988.
www.highcourt.gov.au /gleesonj.htm   (125 words)

  
 LLRX.com - Update to Researching Australian Law
The Commonwealth of Australia is a common law jurisdiction; a federation within the British Commonwealth, with Queen Elizabeth II as its head of state.
Australia was first settled as a British penal colony in 1788, and, although there was a widespread indigenous population, was deemed "terra nullius" (empty land), a finding only overturned in 1992 by the famous land rights decision of the High Court of Australia in Mabo
And the courts of the states and territories also sit within the national hierarchy with either a Supreme Court or Court of Appeals at the local apex, from which appeals lie to the High Court.
www.llrx.com /features/australian.htm   (4798 words)

  
 National Archives of Australia - Exhibitions - 'No common creation': The High Court of Australia   (Site not responding. Last check: 2007-11-07)
The Judiciary Act was passed that year and the High Court opened officially in Melbourne on 6 October.
The Dixon Court, 1952–64, was acclaimed as the Court’s ‘golden age’ of interpreting the law.
The Mason Court, 1987–95, is known for its significant and sometimes controversial decisions, including the recognition of native title in the Mabo case.
www.naa.gov.au /exhibitions/high_court/high_court.html   (415 words)

  
 BBC - h2g2 - The High Court of Australia and Constitutional Interpretation
The High Court is also the final court of appeal within Australia in all other types of cases, even those dealing with purely state matters...
As well, the court is deciding high-profile cases concerning political rights, such as the implied constitutional right to free speech in the political advertising case, and social injustices, as in Mabo, which reversed terra nullius and recognised the dispossession of Aboriginal people.
The court concluded that the Constitution necessarily requires free political speech in order to function properly, although this was not made explicit in the express provisions of the document.
www.bbc.co.uk /dna/h2g2/A584741   (1960 words)

  
 Theodore Rout and the High Court of Australia
KIRBY J: Mr Rout, you are now in the High Court of Australia which is the highest court in our country and you are seeking to have the Court give you leave to proceed with an electoral petition.
We are a court of law, we are not an academic committee of scientists.
It is important to this Court that it realises that they now have because of me the evidence that you do have jurisdiction to apply the laws of mathematics and physics which Justice Brennan made in 1996.
www.ratbags.com /rsoles/strange/routhighcourt.htm   (3325 words)

  
 High Court of Australia - Registry - Register of Practitioners
The entitlement to practise in a federal court depends upon the entitlement to practise in the Supreme Court of a State or Territory and entry in the Register of Practitioners kept in the High Court of Australia in accordance with the provisions of s55 of the Judiciary Act 1903 (Cth).
In order to have your name entered in the High Court Register of Practitioners you must be presently entitled to practise as a barrister, solicitor, barrister and solicitor, solicitor and barrister or legal practitioner in the Supreme Court of a State or Territory.
In all instances it is necessary to provide a copy of your Certificate of Admission to the Supreme Court of your State or Territory and a copy of your current Practising Certificate (or receipt for same).
www.highcourt.gov.au /registry_03.html   (303 words)

  
 High Court of Australia on economic loss (Harold Luntz, 1 Apr 2004)
The High Court of Australia today decided Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16 .
The joint judgment of four members of the majority carefully confined the decision to the pleaded facts and the few inferences that could be drawn therefrom.
It was able to decide the present case "without determining whether doubt should now be cast upon the result at which the Court arrived in" Bryan v Maloney (1995) 182 CLR 609.
www.ucc.ie /law/odg/messages/040401a.htm   (164 words)

  
 BBC NEWS | World | Asia-Pacific | Australia makes landmark net ruling
Australia's high court has ruled that the financial publishers Dow Jones can be sued in the Australian state of Victoria over an article that appeared on their website.
It is thought to be the first such decision in the high court of any country to consider the question of jurisdiction and the internet.
But the high court said that lawsuits would only be brought in places where the person bringing the case had a reputation to defend.
news.bbc.co.uk /1/hi/world/asia-pacific/2560683.stm   (531 words)

  
 Mabo v Queensland [No 2] (1992) 175 CLR 1, High Court of Australia - Agreements Database Event
The term 'native title' was used by the High Court to recognise that Aboriginal peoples and Torres Strait Islanders may have existing rights and interests in land and waters according to traditional laws and customs and that these rights are capable of recognition by the common law.
Specifically, the Court recognised a claim by Eddie Mabo and others on behalf of the Meriam people of the Island of Mer in the Murray Islands in the Torres Strait, that the Meriam people owned the land at common law because they were the traditional owners of their country under Islander law and custom.
The High Court recognised that the rights of Aboriginal people and Torres Strait Islanders to native title may survive in certain areas and that their native title must be treated fairly before the law with other titles.
www.atns.net.au /biogs/A000320b.htm   (803 words)

  
 Australia's High Court rules mod-chips are legal - Wikinews
Australia's High Court, in a unanimous decision today, found modchips to be legal.
The court recognised that by the time a mod chip acts upon a copied game, the copyright violation has already taken place -- the mod chip is not responsible for the copyright violation.
The court also ruled that reading a program into RAM, while the game is being played, does not count as making a copy under copyright law.
en.wikinews.org /wiki/Australia's_High_Court_rules_mod-chips_are_legal   (569 words)

  
 AM - High Court of Australia celebrates centenary
HIGH COURT OFFICER: Silence, all stand, the High Court of Australia is now in session.
The High Court of Australia was set up to define the limits of state and Commonwealth powers, but the focus is shifting to individual rights, exposing the Court to attacks from critics of its approach.
ANTHONY MASON: It makes the courts, and in particular the High Court a little more vulnerable because the Attorney General's political colleagues know that the Attorney General is not going to defend the Court.
www.abc.net.au /am/content/2003/s960481.htm   (559 words)

  
 High Court of Australia - LearnThis.Info Enclyclopedia   (Site not responding. Last check: 2007-11-07)
Some particularly notable ones include the 1948 finding that the Chifley government's legislation to nationalise Australia's private banks was unconstitutional, the 1950 finding that Robert Menzies' attempts to ban the Communist Party of Australia were unconstitutional, and the 1988 Mabo decision.
Since 1980 the High Court ordinarily sits in Canberra, where it is located in its own building within the Parliamentary Triangle.
The current (as at 2003) sitting justices of the High Court are:
encyclopedia.learnthis.info /h/hi/high_court_of_australia.html   (498 words)

  
 High Court of Australia: Judges
Judges of the High Court of Australia: 1/3/1972 - 1/1/2000
Judges of the High Court of Australia: 1903-2000
In ACTV, for example, a majority of this Court held that a law seriously impeding discussion during the course of a federal election was invalid because there were other less drastic means by which the objectives of the law could be achieved.
www.geocities.com /pwdyson/highcourt.html   (934 words)

  
 Case management in the High Court of Australia
Note: The author was Deputy Registrar of the High Court of Australia during the development of the case management system discussed in this article.
Its functions are to interpret and apply the law of Australia; to decide cases of special federal significance, including challenges to the constitutional validity of statutes; and to hear appeals from Federal, State and Territory courts.
After a year of operation, the High Court's new case management system has met most of its specified requirements, and (if the Court approves the second phase) it will also improve the amount and quality of information that is available to the general public about cases before the Court.
cs.anu.edu.au /~James.Popple/publications/papers/ctc6   (2043 words)

  
 High Court of Australia   (Site not responding. Last check: 2007-11-07)
That Court held that the Commission had the discretion to fix the date of commencement of pension unconstrained by ss 101, 29 or 31 and that the delegate was entitled to select the matters seen to be relevant and determine the weight to be given them.
The Court agreed with the conclusion of the Full Court of the Federal Court that the delegate had a discretion under para 27(1)(d) to determine the date of commencement of the pension and that this discretion was not constrained by ss 101, 29, or 31 of the Act.
The Court found that the delegate's exercise of discretion did not miscarry by reason of her taking into account irrelevant considerations or failing to take into account relevant considerations.
www.vrb.gov.au /court/bast-HC.html   (405 words)

  
 High Court of Australia finds confidentiality agreements enforceable and injunctive relief properly applied in breach ...   (Site not responding. Last check: 2007-11-07)
On 22 January 1999, the Trial Court restrained Hafele Australia and Hafele from manufacturing or distributing the Hafele wall-mounted ironing board or any other wall-mounted ironing board designed or manufactured using wholly or in part information derived directly or indirectly from the documents or prototype supplied by Maggbury and Gisma to Hafele Australia and Hafele.
Appealing to the High Court of Australia, Maggbury and Gisma sought orders which would have the effect of restoring the position established by the orders of the Trial Court.
As with any injunctive relief, it would always be open to Hafele, if conditions changed, to seek the dissolution of the injunction or to demonstrate that some modification of its ambit or duration was warranted by new circumstances not fully appreciated at the time of trial.
www.wptn.com /utp_004_vol4is6.htm   (1111 words)

  
 High Court of Australia   (Site not responding. Last check: 2007-11-07)
The High Court of Australia is the highestcourt in the land in both the state and federal judicial structures.
There are seven judges of the High Court and in important appeals the bench generally consists of all seven judges.
The other role of the High Court is as an interpreter of the Constitution.
www.scu.edu.au /schools/edu/student_pages/2000/bwoodham/hicourt.htm   (154 words)

  
 High Court of Australia: Case Management using Lotus Notes
In addition, there are offices of the High Court Registry in the capital of each State and in the Northern Territory.
High Court officers staff the Canberra, Sydney and Melbourne offices of the Registry; staff of state and federal courts provide registry counter services in the other six capitals.
Only users with a high security level can access the private database, so only those users can find out the real names of parties who are known by their initials.
www.aija.org.au /conference98/papers/popfosse/hca-cms.html   (4832 words)

  
 SSRN-The Use of Policy in Negligence Cases in the High Court of Australia by Harold Luntz
The High Court of Australia, like all appellate courts, has leeways of choice open to it when deciding the cases that come before it.
His Honour's claims for the concept of proximity as a universal determinant of the categories of case in which a duty of care was recognised were adopted by almost all members of the High Court while he himself was a member of the Bench, but fell into disfavour thereafter.
Deane J's successor on the High Court, Kirby J, has kept the flag flying for open recognition of and consideration of issues of policy, while acknowledging that the limited materials before the court often makes it impossible to decide on true policy grounds.
papers.ssrn.com /sol3/papers.cfm?abstract_id=583581   (571 words)

  
 Al-Fatiha Applauds Australia High Court Decision Granting Refugee Status to Sexual Minorities
Al-Fatiha Foundation, a US-based organization dedicated to supporting and empowering Muslims who are sexual and gender minorities, around the world, applauded the High Court of Australia, today, for ruling that persecution based on sexuality could be grounds for refugee status.
In a historic decision, which is considered to be the worlds-first, the High Court of Australia ruled in a 4-3 decision that gay asylum-seekers fleeing sexual persecution are on par with people fleeing religious or political persecution.
Al-Fatiha called on nations around the world to follow the lead of the High Court of Australia, noting that under international law individuals who flee their native country and seek asylum in a country other than their origin, must be protected.
www.sodomylaws.org /world/australia/ausnews004.htm   (490 words)

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