Welcome to Eureka Street

back to site
Forgot your password?
Subscribe

Keywords: High Court

  • INTERNATIONAL

    America after Roe v Wade

    • Chris Middleton
    • 05 July 2022
    17 Comments

    The overruling of the Roe v Wade decision by the Supreme Court in the Dobbs decision marks a significant moment in the abortion debate, while highlighting the deep fissures in America’s body politic. Despite the fact that the Supreme Court ruling had been foreshadowed months ago, the shock has been real.

    READ MORE
  • AUSTRALIA

    Climate change and duty of care

    • Binoy Kampmark
    • 07 April 2022
    10 Comments

    The children have been busy. On matters of environmental justice, Australia has witnessed much legal activity from youthful citizens who, despite in some cases not being old enough to vote, have stirred politics. In 2021, five lodged complaints with the United Nations over the failure of the Australian government to cut, in a meaningful way, greenhouse gas emissions by 2030.

    READ MORE
  • INTERNATIONAL

    Legitimised judicial captivity: The Assange case

    • Binoy Kampmark
    • 16 December 2021
    18 Comments

    The legal pursuit of Assange is disturbingly unique not only for using an archaic law against a non-US national; it is also the first instance of an international application of it against a publisher. The law, if applied in the way suggested by the charges, criminalise the receipt, dissemination and publication of national security information, irrespective of motive. If the US Espionage Act 1917 were applied in this way, it would appear to subvert the free press provision in the United States Constitution.

    READ MORE
  • AUSTRALIA

    The sacked professor Ridd's freedom of speech

    • Frank Brennan
    • 18 October 2021
    11 Comments

    The High Court decision has been confusing for many people because it both upheld Ridd’s right to intellectual freedom and the university’s entitlement to sack him for breaches during disciplinary proceedings which had followed upon two wrongly argued censures. Basically, Ridd won on the point of intellectual freedom but he lost on the other aspects of his behaviour which had nothing to do with the exercise of intellectual freedom. 

    READ MORE
  • AUSTRALIA

    Clive Palmer, COVID, and the WA Border

    • Frank Brennan
    • 09 September 2021
    5 Comments

    Clive Palmer is one Australian wanting to smash border restrictions during this time of pandemic. He is threatening to go back to the High Court seeking recognition of his right as an Australian citizen to travel freely between the States. In particular he claims the right to enter Western Australia where he has significant mining interests. 

    READ MORE
  • AUSTRALIA

    What is a just outcome for the Biloela family?

    • Paul Cutler
    • 24 August 2021
    21 Comments

    I believe in the rule of law and I appreciate that the proper application of the law does not always produce a fair or popular result. I also believe that Australia's refugee policy is too harsh and deeply flawed. However, that policy is bipartisan and appears to be inexplicably popular. The same 'fortress Australia' mentality is evident in our efforts to contain Covid-19.

    READ MORE
  • AUSTRALIA

    The fraying of judicial nerves in migration cases

    • Frank Brennan
    • 13 July 2021
    12 Comments

    Australian governments and judges have been playing catch up for a long time trying to deal with the backlog of claims for migrant visas. A couple of recent judgments highlight the frustration at work in the system.

    READ MORE
  • AUSTRALIA

    The High Court’s surrender to the Morrison-Dutton immigration detention regime

    • Frank Brennan
    • 24 June 2021
    11 Comments

    Who’d have thought that during Refugee Week, Australia’s highest court would endorse the Parliament’s view that our non-refoulement obligations under the Refugee Convention and the Convention Against Torture were now an irrelevance.

    READ MORE
  • AUSTRALIA

    High Court decision on palace letters

    • Daniel Sleiman
    • 02 June 2020
    19 Comments

    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.

    READ MORE
  • AUSTRALIA

    Seeing the con in reconciliation

    • Celeste Liddle
    • 28 May 2020
    12 Comments

    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.

    READ MORE
  • AUSTRALIA

    Significant Federal Court win for Biloela Tamil family

    • Kerry Murphy
    • 24 April 2020
    7 Comments

    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.

    READ MORE
  • AUSTRALIA

    The unfinished business of colonisation

    • Kate Galloway
    • 17 February 2020
    2 Comments

    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.

    READ MORE