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23 unusual facts about High Court of Australia


Black Mountain Tower

A case was brought before the High Court of Australia arguing that the Federal Government did not have the constitutional power to construct the tower (Johnson v Kent (1975) 132 CLR 164).

Bryan Pape

his challenge to the constitutional legality of the Kevin Rudd Government's proposed $7.7 billion tax bonus payments as part of the $42 billion economic stimulus package in the High Court of Australia.

Casual vacancies in the Australian Parliament

On 9 February 1975, the New South Wales Labor Senator Lionel Murphy resigned from the Senate to take up an appointment as a judge of the High Court of Australia.

The Labor Party immediately challenged Field's appointment in the High Court, and he was on leave from the Senate from 1 October for the remainder of his short-lived term, which ended when the parliament was dissolved on 11 November.

Dennis Tutty

The League appealed to the High Court of Australia but on 13 December 1971, the High Court's judgement upheld the Equity Court's decision.

Diane Fingleton

Fingleton, refusing to accept the decision of the Queensland judicial system, sought special leave to take her case to the High Court of Australia.

Diane Fingleton is a former Queensland Magistrates Court judge, most notable for being appointed Chief Magistrate and later being convicted of the offence of intimidation of a witness, before the conviction was quashed on appeal to the High Court of Australia.

Eastern Suburbs railway line

Industrial action spurred by ethnic tensions delayed the works as did an injunction taken out by residents of the exclusive suburb of Woollahra to prevent round the clock tunnelling works, spawning a chain of legal action not completed in the High Court of Australia until 1982 - some three years after the project was completed.

Fran Bailey

The result was challenged in the High Court of Australia in its capacity as the Court of Disputed Returns, and was referred to the Federal Court of Australia.

Gair Affair

Gair was not the only non-Labor person in Labor's sights: they also offered the post of Ambassador to the Holy See to Frank McManus (he refused outright); and they had been considering offering Liberal senator Peter Durack a seat on the High Court, but never approached him.

George Gavan Duffy

His half-brother Sir Frank Gavan Duffy (1852–1936) was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to 1935.

Griffith, Australian Capital Territory

Griffith is named after Sir Samuel Griffith, who was chosen in 1903 as the first Chief Justice of the High Court of Australia and retained his position until retirement in 1919.

Judiciary Act 1903

Amongst other things, the Act regulates the exercise of the jurisdiction of the High Court of Australia, confers jurisdiction on the Federal Court of Australia, provides for the right of barristers and solicitors to practice in Federal courts, and establishes the Australian Government Solicitor.

Melbourne by-election, 1904

This was triggered by the Chief Justice of the High Court (sitting as a Court of Disputed Elections) declaring invalid the election of Sir Malcolm McEacharn to the seat in the 1903 federal election.

Michael Kanaan

On 3 August 2007, Kanaan applied to the High Court of Australia for special leave to appeal in relation to the Five Dock and Karam murders.

Nicola Roxon

Between 1992 and 1994, Roxon was employed as a judge's associate to High Court Justice Mary Gaudron.

Our Airline

The airline has been in dispute with the Export-Import Bank of the United States since 2002, and in December 2005 the High Court of Australia upheld an earlier decision to allow the bank to seize Air Nauru's only aircraft, registered VH-RON, leaving Nauru and the island nation Kiribati without air services.

Phil Cleary

However, his election was successfully challenged in the High Court and declared void on 25 November, as Cleary was on unpaid leave from the Victorian Education Department, and the Constitution of Australia forbids people employed by the Crown from standing for election.

Pith and substance

It was also used in Australia until 1964, when the High Court case of Fairfax v Commissioner of Taxation overruled its use by an alternate method.

Roslyn Atkinson

The following year she was an Associate to the Honourable Justice Brennan, then a Justice of the High Court of Australia.

St Johns Wood, Queensland

This decision was upheld and the case proceeded to the High Court where it was again upheld.

The High Court held that it did only if it was of benefit to the subdivided parts.

Wills by-election, 1992

Cleary's election was declared void by the High Court on the grounds that, as a teacher employed by the Victorian government, he held an office of profit under the Crown at the time he nominated.


Barton Government

It was led by Prime Minister Sir Edmund Barton, from 1 January 1901 until 24 September 1903, when Barton resigned to become one of the three founding judges of the High Court of Australia.

Clyde Cameron

Revealing himself to be an unsuspected feminist, he hired Mary Gaudron (later the first woman on the High Court bench) to argue before the Arbitration Commission for equal pay for women workers.

Division of Higgins

The division was created in 1949 and is named after Justice H. B. Higgins (1851–1929), who was a Member of the Victorian Legislative Assembly (1894), president of the Carlton Football Club (1904), a founding Member of Australian House of Representatives (1901-1906) and Justice of the High Court of Australia (1906–1929).

Esso Longford gas explosion

A Royal Commission was called into the explosion at Longford, headed by former High Court judge Daryl Dawson.

Henry Winneke

This included advising the then Victorian Premier Sir Henry Bolte and Chief Secretary Sir Arthur Rylah that they might be guilty of intentional unlawful homicide, or murder, if the Government hanged a convicted murderer named Robert Peter Tait notwithstanding a temporary stay on his execution granted by the High Court of Australia (see Tait v R (1962) 108 CLR 620).

Right to vote in Singapore law

However, an analogy may be drawn from the approach taken by the High Court of Australia to the Australian Constitution.

Section 44 of the Constitution of Australia

Henry Sue, a voter from Queensland, appealed to the High Court of Australia, sitting in its capacity as the Court of Disputed Returns.

Ted Strehlow

The verdict was appealed, went to the High Court and the Privy Council in London, and concluded with a review by a Royal Commission.

Victor Dominello

In 1991, Victor Dominello was admitted as a practitioner of the Supreme Court of New South Wales and the High Court of Australia after taking the Solicitor’s Admission Board Examinations.