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On July 22, Katta O'Donnell filed an action in the Federal Court in Victoria hoping to make good her promise to put the government on trial for ‘misconduct’. The action notes that, ‘At all material times there has existed a significant likelihood that the climate is changing, and will continue to change, as the result of anthropogenic influences.’ Australia was ‘materially exposed and susceptible’ to the risks posed by climate change.
There’s a long way to go for the Coalition to change from ‘its business as usual’ performance in this as in many other matters. We can all play our part, however, in encouraging Senators to stop another sizable wind back in the nation’s democratic processes. If the Senate defeats this Radioactive Waste Management Bill then the Barngarla and others can, as in any democratic country, take to court the minister’s processes.
Will former Governor General John Kerr's correspondence with the Queen shed light on what really happened in 1975? It may very well, and historians like Jenny Hocking were willing to challenge the National Archives of Australia's refusal to access such records in High Court.
Reconciliation week itself begins on the 27th May, the anniversary of the 1967 Referendum, which granted Aboriginal people the right to be counted in the census. The anniversary of the Mabo ruling in the High Court rounds out the week. Yet every year, I would swear that this week means nothing more to most people in this country than to call on the Aboriginal and Torres Strait Islander people in their workplaces and community to do more work.
On 17 April 2020, the Federal Court ordered that Immigration had failed to comply with procedural fairness for the family. The case is known by the pseudonym XAD. The XAD case relied on significant legal principles going back to the M61 High Court decision of 2011.
While family violence and intimate partner violence are spoken about in Australia, there isn’t much general knowledge when it comes to the court process and what happens next.
The Australian Federal Police raid on the 5th of June last year shook the Fourth Estate and, according to managing director David Anderson, ‘was seen for exactly what it was: an attempt to intimidate journalists for doing their jobs.’ It saw an unprecedented closing of ranks between journalists across the political spectrum, pursuing a campaign that came to be known as The Right to Know. Convincing the courts about this principle would prove to be something else.
Despite claims to the contrary, the decision in Love and Thoms affirms the standing of the common law, including the unassailable power of the Australian State to make and enforce law. It upholds the centuries-long common law principle of accommodation of Indigenous laws in a colonial context.
At its heart, the question was whether an Indigenous Australian who was eligible for citizenship but had never formalised it could be regarded as an alien and therefore subject to removal. In a landmark judgment, a 4:3 majority of the Court found that Indigenous Australians were not aliens, even if they were not citizens.
On 23 January, the International Court of Justice handed down an unprecedented unanimous decision on provisional measures in the case of The Gambia v Myanmar. While the judgement has given hope to some, the Rohingya population still remains largely in dismal and precarious refugee camp conditions.
Two Aboriginal men are currently being held in immigration detention under threat of deportation because they are not Australian citizens. The case raises far-reaching implications concerning the status of the relationship between Aboriginal and Torres Strait Islander Australians and the state.
Assange's latest court appearance coincided with the launch of the Right to Know campaign, backed by the major press organisations in Australia as well as the Media, Entertainment and Arts Alliance. To its immense credit, the MEAA has consistently defended him. But many prominent Australian journalists have not.
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