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Western Australia v Commonwealth, [1] also known as the First Territory Senators' Case, was an important decision of the High Court of Australia concerning the procedure in section 57 of the Constitution and the representation of territories in the Senate.
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.
Farah Constructions v Say-Dee Pty Ltd, also known as Farah, is a decision of the High Court of Australia. [1] The case was influential in developing Australian legal doctrines relating to equity, property, unjust enrichment, and constructive trusts, [2] as well as the doctrine of precedent as it applies in Australia.
A legal doctrine is a framework, set of rules, procedural steps, or test, often established through precedent in the common law, through which judgments can be determined in a given legal case. For example, a doctrine comes about when a judge makes a ruling where a process is outlined and applied, and allows for it to be equally applied to like ...
Set out the five grounds by which an exercise of discretion can be appealed. (1) Misapplication of law, (2) Applied irrelevant facts, (3) Mistook the facts, (4) Overlooked a material consideration, (5) Outcome of discretion was manifestly unreasonable, or plainly unjust. [4] 3. Chen Shi Hai v MIMA: 2000 201 CLR 293; [2000] HCA 19 Gleeson: 10777 ...
The person was subject to indefinite detention in Australia. Indefinite detention in Australia was regarded as lawful in Australia under a limited set of circumstances due to the court's prior ruling in Al-Kateb v Godwin. NZYQ sued the Commonwealth and argued that the decision in Al-Kateb should be overturned.
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.