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.
- The statutory scheme
- Procedural history
- Kable principle not offended
- Acquisition of property otherwise than on just terms
- Implications of the case
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