high court

There was a celebratory mood on social media when the High Court ruled on October 27 that Deputy Prime Minister Barnaby Joyce was ineligible to sit in parliament.

The government has lost its one seat majority and Prime Minister Malcolm Turnbull's over-confident prediction that government politicians would be safe has been shown to be partisan bluster.

Right wing buffoon Malcolm Roberts has been kicked out of the Senate along with Deputy Leader of the National Party Fiona Nash.

The High Court ruled on October 18 by a 6:1 majority in favour of Bob Brown and Jessica Hoyt’s challenge to the validity of a Tasmanian anti-protest law. The decision is a significant win for forestry and public-interest activists, although it does not go as far as some may have hoped.

The court found the Tasmanian law was unbalanced and unreasonable. However, it affirmed the right of parliaments to target protesters who interfere with business operations.

The challenge to the Tasmanian government's anti-protest laws is set to be heard by the full bench of seven High Court judges early in 2017.

On January 25, Bob Brown and Jessica Hoyt were arrested in north-west Tasmania while peacefully protesting against logging when they walked into the Lapoinya Forest exclusion zone. They were the first protesters to be arrested under the controversial Workplaces (Protection from Protesters) Act 2014.

Family First Senator Bob Day finally resigned from the Senate on November 1 “effective immediately”, in a major setback for the federal government's plan to revive the controversial, anti-union Australian Building and Construction Commission (ABCC).

Day first announced his intention to resign on October 17, after his housing businesses were placed into liquidation. He then suggested he might stay on until November so he could vote on the ABCC bill and other legislation.

The Maritime Union of Australia (MUA) and the Australian Maritime Officer's Union (AMOU) have hailed a High Court victory that will protect local jobs on offshore oil and gas projects and curb the exploitation of foreign workers.

The High Court unanimously ruled on August 31 against the federal government's decision to exempt workers on vessels in the offshore oil and gas industry from visa requirements. The unions argued that the exemptions provided an incentive for companies to hire foreigners on lower wages and undercut safety standards and conditions.

Immigration minister Peter Dutton announced on April 2 that for the first time in a decade there were no children in Australian detention centres. “When I got the call,” he said, “it was something I was proud of.”

With the announcement came news that 196 of the 267 asylum seekers who lost the High Court case challenging the government's legal right to deport them to Nauru would be moved to community detention in Australia.

Dear Prime Minister,

Following the High Court's recent decision in Plaintiff M68/2015 v Minister for Immigration and Border Protection, we, the undersigned law firms, community legal organisations, legal bodies and legal associations, jointly urge you to let the 267 individuals at risk of removal to offshore processing centres stay in Australia. We strongly advocate for the end of offshore detention and request you bring all asylum seekers and refugees in regional processing facilities back to mainland Australia.


Photo by Marziya Mohammedali

The High Court ruled on February 3 that the federal government has the power to send 267 refugees and asylum seekers to Nauru, with only 72 hours' notice. But a #LetThemStay groundswell across the country is demanding the refugees be allowed to stay -- with snap protests across the country.

The 267 people includes 37 babies — many of whom were born in Australia — and at least 15 women who were allegedly sexually assaulted on Nauru.

A Queensland woman has won a High Court challenge against corporations owning human genes.

Yvonne D’Arcy took her fight against US-based biotech company Myriad Genetics to Australia’s highest court. The company has a patent over the BRCA1 gene that is linked to an increased risk of hereditary breast and ovarian cancers.

A Queensland woman has won a High Court challenge against corporations owning human genes.

The Sydney Refugees Action Coalition released the statement below on September 7.

* * *

A High Court decision this morning has dismissed an application of behalf of five asylum seekers seeking to extend judicial review to discretionary ministerial decisions.

In a similar application (M61) in 2010, the High Court found that asylum seekers were entitled to judicial review of appeal decisions.

The High Court judgment means that there is now no legal impediment to the government moving to deport a large number of asylum seekers.

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