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Constitutional
Williams v Commonwealth of Australia [2014] HCA 23 (19 June 2014) Further to my earlier post – round 2 – I refer to the High Court judgment summary and the invalid appropriation enactment. Brisbane Barrister – David Cormack
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In brief: The High Court recently handed down its decision in Attorney-General (NT) v Emmerson. Partner Peter O’Donahoo (view CV), Senior Associate Tim Maxwell and Lawyer Simone Kaser review the decision with respect to the court’s analysis of the limits on Commonwealth and Territory legislative power under the doctrine of separation of powers and the ‘just terms’ guarantee....
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The Commonwealth v Australian Capital Territory [2013] HCA 55 (12 December 2013)   I refer you to the judgment summary.   Catchwords: Constitutional law (Cth) – Powers of federal Parliament – Section 51(xxi) – Marriage – Whether s 51(xxi) confers power with respect to same sex marriage. Territories (ACT) – Inconsistency of Commonwealth and Territory...
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Attorney-General (Qld) v Fardon [2013] QCA 365 Attorney-General (Qld) v Lawrence [2013] QCA 364 Brisbane Barrister – David Cormack
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Assistant Commissioner Michael James Condon v Pompano Pty Ltd [2013] HCA 7 (14 March 2013) I refer you to the summary in the first instance. The decision turns on the interpretation of the Criminal Organisation Act 2009 (Q), ss 8–10, 63–66, 70, 71, 76–78, 80, 82, 106 in relation to the Constitution, Ch III. It...
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Williams v Commonwealth of Australia [2012] HCA 23 (20 June 2012) I refer you to the judgment summary and in particular the unanimous decision in respect of s.116 of the Constitution and the question of freedom of religion in the context of whether a school chaplain was an “office… under the Commonwealth”. The Financial Framework...
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Martens v Stokes & Anor [2012] QCA 36 I refer to my earlier posting wherein Jones J dismissed the claim for want of complying with the Personal Injuries Proceedings Act 2002 (PIPA). Margaret Wilson AJA spoke for the Court of Appeal and dismissed that part of the appellant’s appeal which related to a claim for...
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Williams v Commonwealth of Australia & Ors [2011] HCATrans 198 (9 August 2011) Williams v Commonwealth of Australia & Ors [2011] HCATrans 199 (10 August 2011) Williams v Commonwealth of Australia & Ors [2011] HCATrans 200 (11 August 2011) Brisbane Barrister – David Cormack
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Sydney Morning Herald Dan Harrison July 21, 2011 NSW has joined a Queensland father in challenging the constitutional validity of the controversial national school chaplaincy program, arguing the scheme exceeds the federal government’s powers. Read more…
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Wainohu v New South Wales [2011] HCA 24 (23 June 2011) I refer to my earlier posting regarding the South Australian styled outlaw motorcycle club legislation which was declared invalid by the High Court. Similar NSW legislation come on appeal to the High Court and likewise was considered to be repugnant to, or incompatible with,...
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