High Court


It’s the vibe: interpreting s198A of the 1958 Migration Act

Ironically, a government whose members have in the past described the Pacific Solution as inhumane relied on and failed using the same legislation because it could not guarantee basic human rights protections, says freelance writer Luke Williams.

High Court skewers Howard, but Labor takes the blame

What the High Court has invalidated is fundamentally the Coalition’s policy: the obsession with offshore processing was entirely a creation of the Howard government … to Labor’s eternal shame, has allowed itself to be dragged along with it.

Gillard’s ‘lashing’ of the High Court

Criticism of the prime minister for attacking the High Court is rather precious, for a number of reasons. For a country that allegedly likes its politics “rough and tumble”, we’re suddenly all very precious.

Asylum seekers … just two long-term options available

Predictably all the media pundits are viewing the High Court decision through the prism of “politics of sport” and not taking pause to consider how the matter of continuing boat arrivals should be handled, writes Jenny Norvick, a former DIAC staffer and voluntary refugee settlement worker.

Gillard wanted to be judged on asylum seekers

Julia Gillard identified asylum seekers as a key issue for her. Now she deserves to be judged over the debacle.

Malaysia Solution lost at sea

Crikey media wrap: The federal government’s refugee swap deal with Malaysia is in tatters after the High Court yesterday ruled the scheme unlawful.

Malaysia deal off: High Court rules against government

The federal government’s refugee swap deal with Malaysia is in tatters after the High Court ruled the scheme unlawful.

Malaysia deal in disarray

The government’s much-hyped Malaysian Solution is in turmoil after the High Court ordered for a full hearing to be heard on the policy in a fortnight after a legal challenge by asylum seekers.

Mungo MacCallum: Government can’t have a bob each way on boat people

The Liberal Party’s cadaver in waiting, Phillip Ruddock, described last week’s High Court decision on the rights of asylum seekers as “diabolical.” The misuse of the word was so grotesque as to suggest that the former Immigration Minister and Attorney-General’s use of it might have itself been satanic inspiration.

A win for asylum seekers: but how big?

Crikey Media Wrap: The High Court ruled yesterday that two Sri Lankan asylum seekers were denied “procedural fairness” by the Migration Act, as they were processed offshore. Will it end offshore processing or instead lengthen the time it takes to process claims?

High Court rules in favour of asylum seekers

A High Court ruling that two Sri Lankan asylum seekers were denied “procedural fairness” under the Migration Act will allow offshore arrivals to challenge their decision in Australian courts, says the instructing solicitor behind the case.

High Court tells Rann ‘on ya bike’: anti-bikie laws unconstitutional

The High Court this morning ruled unconstitutional a provision in Mike Rann’s anti-bikie laws that allows the Attorney-General to make a declaration, on the basis of secret evidence and without giving anyone a hearing.

Crikey Says: Abbott’s judiciary thought bubble

A big day in the High Court today, with two decisions set to cause waves. Both are potentially politically unpalatable decisions for Prime Minister Julia Gillard and South Australian Premier Mike Rann.

Marr: Should ministers make life or death decisions?

Canberra waits nervously for today’s result to the High Court case involving the processing of two Sri Lankan asylum seekers. It could fundamentally affect how refugees are processed in Australia, explains David Marr.

High Court challenge could bring legal equity to offshore asylum-seekers

A High Court challenge to the detention of two Tamil refugees is about trying to bring legal equity to refugees who are processed offshore, says the instructing solicitor behind the case.

DNA doesn’t guarantee guilt

With the High Court to hear an appeal for a case reliant completely on DNA evidence, the value of DNA in legal proceedings is being questioned. It’s not clear-cut scientific evidence but simply a statistical probability.

John Howard’s Military Court stuff-up

The High Court has, 7-zip, overturned an entire Federal Government judicial structure. But it’s not as if the Howard Government wasn’t warned, repeatedly, that this might happen.

Judgment needed for High Court

How does Australia appoint High Court judges? The process needs to be examined, argues George Williams.

Note to Parliament: truth is not the words you use

Politicians and media hype about emergencies do not pass muster with the High Court when it comes to Canberra justifying the constitutional validity of its actions.

Questions for the legal system following Gassy case

Something is surely amiss when a defendant, whom many experts believe to have a serious psychiatric disorder, is allowed to appear and represent himself before the country’s highest court.

Today Tonight indicted in get-rich-quick deal

Today Tonight has been found guilty of breaching the Trade Practices Act for making deceptive claims about an investment mentoring program called Wildly Wealthy Women.

High Court rejects challenge to $900 bonus payment

Australia’s $42 billion recession-fighting stimulus package has survived a court challenge. Cue rejoicing on the streets.

Ice TV v Nine Network = landmark copyright case

Are you entitled to own what you produce just because you put time and labour into producing it, ask Brian Fitzgerald and Ben Atkinson.

Justice French II: continuing Rudd’s Liberal penchant

It seems that Kevin Rudd is developing a penchant for appointing former Liberal and National Party members, writes Noel Crichton-Browne.

High Court concedes influence of stolen generations apology

Yesterday’s High Court decision in Northern Territory of Australia v Arnhem Land Aboriginal Land Trust is one of those left-field events that can disrupt the entire political narrative of the nation, writes Bernard Keane.