CONSTITUTIONAL

Palestine, the protest, & The police - hannah thomas

The Israel - Palestine conflict draws high emotion, and staunch beliefs are delivered locally here in Australia in the form of protest. In this case, the policing of a protest in Sydney became a conflict in itself, and the eventual primary issue under the spotlight after local lawyer Hannah Thomas sustained a serious injury. Assembly and police characterisation of the protest 27 June 2025 A group of approximately 60 pro-Palestinian protesters assembled outside SEC Plating in

By THE BRIEF EDITORIAL

Palestine, the protest, & The police - hannah thomas

the high court judges the judge over imprisonment

The High Court of Australia’s judgment in Queensland v Mr Stradford (a pseudonym) HCA 3 stands as a landmark moment for the legal system, settling the scope of judicial immunity in Australia and clarifying the position for judges of inferior courts. The judgment overturned a large compensation award, while affirming that acts performed as part of the judicial function, even ones riddled with error, are protected by common law immunity. This is the Stradford litigation, the ju

By THE BRIEF EDITORIAL

afp & fbi - breaking code or breaking rules?

In South Australia, two accused individuals (referred to as CD and Anor) faced prosecution based on evidence obtained through the AN0M platform. They challenged the admissibility of that evidence in the South Australian Supreme Court and, later, the Full Court, arguing that the interception of their communications contravened the Telecommunications (Interception and Access) Act 1979 (Cth) (TIA Act). The operation was conducted under a multinational investigation known in Aust

By CJ DORE

Hc judgement - Ankle Bracelets for Former Immigration Detainees

In 2023 and 2024, the High Court of Australia delivered two constitutional decisions - NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) HCA 37 and YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs (2024) HCA 40 - that clarified the limits of executive immigration detention and post-release regulatory constraints under the Australian Constitution. In NZYQ, the Court held that indefinite immigration detention in circumstances wh

By THE BRIEF EDITORIAL

Commonwealth vs Yunupingu- native title

In Commonwealth of Australia v Yunupingu (2025) HCA 6, the High Court of Australia delivered a judgment on 12 March 2025 that reshapes the constitutional landscape of native title and compensation. The case, brought by the Gumatj Clan of north-eastern Arnhem Land through the late Dr Yunupingu and others, resolved whether the Commonwealth must provide just terms compensation under the Constitution when its historical acts extinguished native title rights in the Northern Territ

By THE BRIEF EDITORIAL

Torres Strait Islander plaintiffs claim climate negligence

In October 2021, two Torres Strait Islander community leaders, Uncle Pabai Pabai and Uncle Paul Kabai, commenced proceedings in the Federal Court of Australia against the Commonwealth of Australia, asserting that the Commonwealth owed a duty of care to Torres Strait Islanders to protect them from the foreseeable impacts of climate change. The plaintiffs argued that inadequate emissions reduction targets and insufficient adaptation measures breached this duty, placing communit

By THE BRIEF EDITORIAL

A constitutional challenge to electoral finance law

In early 2025, two candidates took an extraordinary step: they brought a constitutional law challenge to the High Court of Australia against part of Victoria’s political donation regime. The plaintiffs argue that the way Victoria regulates donations, especially the 'nominated entity exception', impermissibly burdens the implied freedom of political communication under the Australian Constitution. This is not a mere complaint about unfair rules. It is a test of how electoral f

By THE BRIEF EDITORIAL

Australia's not ready for the words of candice

In Farmer v Minister for Home Affairs (S160/2024), the High Court of Australia issued a unanimous decision on 15 October 2025, upholding the Minister’s refusal of a Class GG Temporary Activity visa to Candace Owens Farmer, a U.S. political commentator. This case turns on the character test in section 501(6)(d)(iv) of the Migration Act 1958 (Cth), which raises complex constitutional questions about freedom of political communication. Background & Procedural Contex t Farmer app

By CJ DORE

Australia's not ready for the words of candice

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