Benedict Coxon

On 1 January 2020, the Human Rights Act 2019 (Qld) (QHRA) entered fully into force, including the interpretive provision contained in s 48, which was modelled on s 32 of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (Charter) and s 30 of the Human Rights …

Costa Avgoustinos

The Australian climate litigation movement has recently made significant inroads into the field of negligence. In Sharma v Minister for the Environment (2021) (Sharma), the Federal Court held that the Minister for the Environment owes a duty to Australian children to take reasonable care when considering approval of a coal …

Anita Stuhmche

This series celebrates and analyses the ‘new administrative law’ as it has developed in Australia since the Kerr Committee’s report 50 years ago. The focus of this blog is the Commonwealth Ombudsman. My argument is that the institution is no longer fit for purpose. …

Gabrielle Appleby & Rosalind Dixon

Last week, the Gilbert + Tobin Centre of Public Law was delighted that the Hon. Margaret McMurdo AC launched the Feminist Judgments and Critical Judgments Projects website (www.criticaljudgments.com). Margaret was the first female president of an appellate court in Australia when she was appointed as the President of the Queensland Court of …

Sangeetha Pillai

It’s coming up to the 30th birthday of Australia’s policy of mandatory immigration detention for non-citizens who do not hold a visa. Throughout its lifetime, the policy has remained a controversial cornerstone of Australia’s migration law framework, facing – and withstanding – multiple High Court challenges.

Tristan Taylor

In 1996, the High Court struck down the validity of an ad hominem continuing detention legislative regime in the landmark case of Kable v Director of Public Prosecutions (1996) 189 CLR 51 (Kable). The principle established in that decision, has undergone significant development since. As it stands today, the principle will …