Category: High Court of Australia

Australian Doctor Suspended for Saying COVID-19 Vaccine Is Dangerous Appeals High Court’s Decision

An Australian doctor suspended for speaking out on the harmful side effects of COVID-19 vaccines has appealed a High Court’s decision after it refused to adjudicate his lawsuit, which was filed against the country’s medical regulators. In August 2022, Dr. William Bay, a Queensland GP registrar, received a medical registration suspension notice from the Australian…


Cardinal George Pell: Victim of Miscarriage of Justice in Australia

Commentary Cardinal George Pell, Australia’s most senior Catholic leader, died in Vatican City on Jan. 10, aged 81. He will be buried in St Mary’s Cathedral in Sydney, where he served as archbishop for 13 years. Pell was born in Ballarat, Victoria, in 1941, the second and youngest child to an Anglican father and a…


Queensland’s New Land Tax May Be Unconstitutional

Commentary From July 1, 2023, the method of calculating land tax in the state of Queensland will change. It will be calculated not only based on freehold land owned by taxpayers in Queensland but also on land owned by them in the other Australian States. But land valued at under $600,000 (around US$400,000) and a…


Queensland’s New Extra-Territorial Land Tax May Be Unconstitutional

Commentary From July 1, 2023, the method of calculating land tax in the state of Queensland will change. It will be calculated not only based on freehold land owned by investors in Queensland but also on land owned by them in other Australian states. For example, currently land valued at under $600,000 (around US$400,000) or…


Citizenship Decisions Raise the Prospect of Judicial Activism in Australia

Commentary On June 8, the Australian High Court handed down a controversial decision to strike down government powers to strip nationals of citizenship for engaging in suspected terrorist activities. The court ruled in favour of Delil Alexander, a Turkish citizen whose Australian citizenship was cancelled in 2021, due to the national security agency’s assessment that…


Cancel Culture Comes for One of Australia’s Founding Fathers

Commentary Recently, efforts have been made to “cancel” figures linked to the European settlement of Australia. Statues of Captain James Cook, who discovered and claimed the east coast of the continent in 1770, have been defaced. There has also been vitriol directed at the first governor of the colony of New South Wales, Captain Arthur…


Alleged Australian ISIS Member Has Citizenship Returned

A suspected Australian ISIS terrorist has had his Australian citizenship returned after the High Court ruled that the government could not revoke a person’s citizenship if they are accused of terrorism-related conduct overseas. The ruling is expected to pave the way for up to 20 other convicted or suspected ISIS fighters to have their citizenship…


Australian High Court Decision Draws Line Between Employee and Independent Contractor

The High Court of Australia on Wednesday handed down two landmark decisions that provide greater clarity on the definition of employee and contractor, which may have major ramifications for gig economy workers. The High Court bench unanimously determined in one case that two truck drivers who worked for a company for 40 years under a…


British backpacker wins legal case against Australia’s ‘backpacker tax’

Backpackers from eight countries will be able to save thousands of dollars after the Australian High Court ruled on Wednesday that the government’s tax on working vacation makers from these countries is unfair. In December 2016, Australia legislated a backpacker tax that will see working holidaymakers charged a flat rate of 15% on incomes up…


Australia’s Constitution Clashes With Vaccine Mandates

Commentary Although it is not feasible to predict what the High Court of Australia—the nation’s apex legal body—would do if it were called upon to consider the constitutionality of vaccine mandates and emergency declaration orders, it is still possible to argue what it should do. The Australian Constitution must be interpreted in a manner that…