Category: Case Law
QANTAS AIRWAYS LIMITED & ANOR v TRANSPORT WORKERS UNION OF AUSTRALIA [2023] HCA 27
The High Court of Australia has found Qantas illegally sacked 1600 workers during the COVID-19 pandemic. The High Court upheld two rulings made by the Federal Court, which found the outsourcing of baggage handlers, cleaners and ground staff was unlawful under section 340 of the Fair Work Act. Anyone who took “adverse action against another person for Read More …
MINISTER FOR IMMIGRATION AND ETHNIC AFFAIRS v TEOH
The case concerned the validity of a deportation order. Mr Teoh, a Malaysian citizen, entered Australia on a temporary entry permit and married an Australian citizen, who already had four children. Mr Teoh and his Australian wife had three more children. Mr Teoh applied for a permanent entry permit. During the period in which his Read More …
GEORGE v ROCKETT
When a statute prescribes that there must be “reasonable grounds” for a state of mind – including suspicion and belief – it requires the existence of facts which are sufficient to induce that state of mind in a reasonable person. HIGH COURT OF AUSTRALIA Mason C.J., Brennan, Deane, Dawson, Toohey Gaudron and McHugh JJ. Read More …
R. v. METROPOLITAN POLICE COMMISSIONER, EX PARTE BLACKBURN
Recent interest in R. v. METROPOLITAN POLICE COMMISSIONER, EX PARTE BLACKBURN has bought us many requests to post the relevant detail of this case. The duty of the Commissioner of Police of the Metropolis. The office of Commissioner of Police within the Metropolis dates back to 1829 when Sir Robert Peel introduced his disciplined force. The Read More …
Can Police detain you for the purpose of questioning?
Police officers have, of course, power to arrest and detain a citizen where they have reasonable and probable grounds for suspecting that a felony has been committed, and that he is the person who committed it. But this power is exercisable only for the purpose of taking him before a magistrate to be dealt with Read More …
Can you afford $5 a Month?
Can you afford $5 a month to support the researchers here at Constitution Watch to bring you more great content on a daily Basis? For the cost of a cup of coffee a month you can help us concentrate on what we need to do, bring you the truth wth more exceptional content not found Read More …
High Court ~ Statutory Government Corporations are NOT the Crown.
Launceston Corporation v Hydro Electric Commission (1959) 100 CLR 654 is a leading case about the status of statutory corporations. The HEC argued that it was not liable to pay rates because it was entitled to Crown immunity. The High Court held that, as a statutory corporation, it was independent of the Crown and not entitled Read More …
No jurisdiction for Tribunal to exercise judicial power in hearing and determining a complaint under the State Act.
A TRIBUNAL HAS NO POWER TO ACT JUDICIALLY AS AGAIN CONFIRMED BY THE HIGH COURT OF AUSTRALIA. HIGH COURT OF AUSTRALIA CITTA HOBART PTY LTD & ANOR v CAWTHORN [2022] HCA 16 4 May 2022 Today, the High Court allowed an appeal from the Full Court of the Supreme Court of Tasmania. Read More …
British Medical Association v The Commonwealth.
Does the prohibition in s51(xxiiiA) but not so as to authorise any form of civil conscription apply to the states? William J , Justice of the High Court of Australia in the British Medical association case (BMA), stated, William J It would no doubt be a form of industrial conscription to compel persons by law to Read More …