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The High Court of Australia building is located on the shore of Lake Burley Griffin in Canberra's Parliamentary Triangle. The High Court was designed between 1972 and 1974 by the Australian architect Christopher Kringas (1936–1975), a director of the firm Edwards Madigan Torzillo and Briggs. The building was constructed from 1975 to 1980.
Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. [1] [2] [3] Fundamental to common law legal systems, precedent operates under the principle of stare decisis ("to stand by things decided"), where past judicial decisions serve as case law to guide future rulings, thus promoting consistency and predictability.
Establishing a "test" (that is, a measurable standard that can be applied by courts in future decisions), such as the Oakes test (in Canadian law) or the Bolam test (in English law). Sometimes, with regard to a particular provision of a written constitution, only one court decision has been made.
The reception of English law in Western Australia and South Australia was later deemed by statute to have occurred on 1 June 1829 [12] and 28 December 1836 [13] respectively. The earliest civil and criminal courts established from the beginnings of the colony of New South Wales were rudimentary, adaptive and military in character.
He Kaw Teh appealed his conviction to the High Court of Australia, who found for the appellant. [1]The court found, taking precedent from Sherras v De Rutzen (1895), [3] that the prosecution needed to establish an intent in matters of significant criminality unless the presumption was rebutted.
Under the Australian Constitution, the judicial power of the Commonwealth is vested in the High Court of Australia and such other federal courts as may be created by the federal Parliament. These courts include the Federal Court of Australia and the Federal Circuit and Family Court of Australia. Federal jurisdiction can also be vested in State ...
The Yirrkala bark petitions, sent by the Yolngu people, an Aboriginal Australian people of Arnhem Land in the Northern Territory, to the Australian Parliament in 1963, were the first traditional documents prepared by Indigenous Australians that were recognised by the Australian Parliament, and the first documentary recognition of Indigenous people in Australian law.
The recipients of Decorations or Honours gain precedence in the order of Seniority or Superiority of the Orders themselves; the Orders of Knighthood in Australia have the same seniority as in the United Kingdom, with a few insertions or promotions of entirely Australian, non-British honours; see Australian Honours Order of Wearing.