For better or worse, jurisdictional error is a concept that strikes at the heart of Australia’s constitutional system. Its meaning shapes the breadth of the courts’ jurisdiction to engage in judicial review. Though the High Court has recognised the difficulties inherent in distinguishing between jurisdictional and non-jurisdictional errors, the distinction has long been preserved. Whether...Read More

This article analyses High Court’s decision in Minister for Home Affairs v Benbrika [2021] HCA 4; 388 ALR 1; 95 ALJR 166, particularly the extent to which protective detention mechanisms are responsive to the federal judicial power. Specific focus is paid to the implications of the decision on the principle originally propounded by Brennan, Deane...Read More

Preliminary The writ of habeas corpus functions as a protector of liberty; enabling review by superior courts of the legality of custody or detention. The writ is intended to provide a swift and imperative remedy in all cases of illegal restraint or confinement. Fundamentally, physical control of a person’s detention or custody by a respondent...Read More

The decision in Commonwealth of Australia v Palmanova Pty Ltd [2024] FCAFC 90 concerned an appeal to the Full Federal Court of Australia. The appeal centred upon an issue of statutory interpretation, namely, the construction of s 14 of the Protection of Movable Cultural Heritage Act 1986 (Cth) (‘the Act’). That provision, concerning the forfeiture...Read More

In an era where the United States Supreme Court’s legitimacy is such that calling it a politically corrupted court is not far fetched. It is worth remembering that one of the most important benches in the world has had sit on it socially progressive and liberal judges who have seen justice as a force for...Read More

A recent contract decision: Cessnock City Council v 123 259 932 Pty Ltd Case Review – Amann Aviation revisited. Robert Quirk, Barrister-at Law  Introduction  The recent decision of the High Court in Cessnock City Council v 123 259 932 Pty Ltd (Cessnock)[1] revisited the issue of the assessment of damages when there is wasted expenditure and the...Read More

Chief Justice Bowskill is speaking at a Young Commonwealth Lawyers Association (YCLA) webinar aimed at practitioners, students of law or those wishing to gain insight and understanding of how mental health affects us all on a day to day. Her Honour’s topic is “Strategies for lawyers and judges to cope with stress, loss and vicarious...Read More

On 16 February 2024 Greg Barnes SC delivered a keynote speech to the Queensland Branch of the Australian Lawyers Alliance Annual Conference analysing youth justice issues in Queensland, including: suspension of the Human Rights Act 2019 to allow detention of children who breach bail in the Stregthening Community Safety Act 2023 (Qld) – an Act...Read More

On 7 February 2024 New Zealand’s top appellate court ruled in favour of a very significant climate case continuing to trial. While it remains to be seen whether the case will ultimately succeed at trial, four features make it a momentous, landmark win for the climate that builds on other important wins globally in recent...Read More

Originally published in 1968 and re-published in 2022 to mark the centenary of the abolition of the death penalty in Queensland, The Penalty Is Death is an anthology concerning the capital punishment debate. The collection, divided into five parts, commences with two essays that provide comprehensive overviews of, and contemporarily contextualise, the debate for the modern...Read More