The ruling is a blow to the government, whose lawyers have unsuccessfully argued that laws imposing curfews and tracking technology are justified to protect the community. Five of the seven High Court judges ruled that thetough restrictions placed on more than 100 ...
The Court is the final arbiter of interpretation of the Australian Constitution, as well as the final court of appeal from all other Australian State and Federal courts. The Court currently has 7 judges, headed by the Chief Justice, Robert French. Justices of the High Court...
This article discusses a content analysis study of SF in negligence cases in the Australian High Court. This study confirms that judges do refer to SF in their judicial reasoning and that SF play a range of roles in judicial reasoning. This includes predicting social, economic and behavioural ...
The High Court said the Victorian Court of Appeal judges "failed to engage with the question of whether there remained a reasonable possibility that the offending had not taken place." In a statement, Victoria Police, who began investigating Pell in 2015, said it respected the decision and woul...
The High Court’s seven judges unanimously overturned a lower court’s decision that Michaela Banerji’s dismissal was not reasonable and that public service rules around the use of social media and making public comment “unacceptably trespassed on the implied freedom of political communication.” ...
The study finds that the prestige of the State supreme courts are positively correlated with the reputation of their Bench, proxied by the number of High Court judges from that State; socioeconomic diversity in that State, proxied by the State's population; and legal capital, proxied by the ...
Jurisprudence emanating from the High Court of Australia over the past three decades manifests increased willingness on the part of litigants, advocates and judges to voice or consider arguments in terms of 'human rights'. Alongside this, the 1980s and 1990s have witnessed a proliferation in the...
The High Court today rejected a challenge from the Construction, Forestry, Mining and Energy Union to the Federal government’s simplification of industrial awards in the Workplace Relations Act. Thedecisionwas supported by 4 judges (Gleeson, Hayne, Gummow and Callinan) and opposed by 3 (Kirby,...
This study examines whether and how Australian High Court judges use social facts(`SF') in their reasoning in negligence cases, and what factors explain judicial use andconstruction of SF. SF are statements about society, the world, and ... GSJ Barclay,J Robertson,IC Mcgibson - 《American ...
Yet while Australian judges have often stated the importance of religious freedom in a democratic state and have defined religion in a broad, culturally sensitive way, they have taken a narrow approach to the scope of religious freedom and to the meaning of establishment. The end result is that...