Love V Commonwealth Of Australia; Thoms V Commonwealth Of Australia
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Love V Commonwealth Of Australia; Thoms V Commonwealth Of Australia
''Love v Commonwealth; Thoms v Commonwealth'' is a High Court of Australia case that held that Aboriginal Australians could not be classified as aliens under section 51(xix) of the Australian Constitution. The case was decided on 11 February 2020. Background Daniel Love and Brendan Thoms were men who had failed their migration character tests as a result of serving jail sentences. Neither Love nor Thoms was an Australian citizen, but both identified as Aboriginal Australians. The government was trying to deport both men as aliens under the provisions of the ''Migration Act 1958'', based on a 2014 amendment of the Act. Love was a recognised member of the Kamilaroi people who was born in Papua New Guinea. He had been placed in immigration detention after he was sentenced to more than a year in jail for assault occasioning actual bodily harm. His permanent residency visa was revoked by Home Affairs Minister Peter Dutton, but this was later overturned and he was released from ...
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High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ...
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Papua New Guinea
Papua New Guinea (abbreviated PNG; , ; tpi, Papua Niugini; ho, Papua Niu Gini), officially the Independent State of Papua New Guinea ( tpi, Independen Stet bilong Papua Niugini; ho, Independen Stet bilong Papua Niu Gini), is a country in Oceania that comprises the eastern half of the island of New Guinea and its offshore islands in Melanesia (a region of the southwestern Pacific Ocean north of Australia). Its capital, located along its southeastern coast, is Port Moresby. The country is the world's third largest island country, with an area of . At the national level, after being ruled by three external powers since 1884, including nearly 60 years of Australian administration starting during World War I, Papua New Guinea established its sovereignty in 1975. It became an independent Commonwealth realm in 1975 with Elizabeth II as its queen. It also became a member of the Commonwealth of Nations in its own right. There are 839 known languages of Papua New Guinea ...
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Anne Twomey (academic)
Anne Frances Twomey is an Australian academic and lawyer specialising in Australian constitutional law. She is currently the Professor of Constitutional Law and Director of the Constitutional Reform Unit at Sydney Law School at the University of Sydney. She is a regular commentator on legal and constitutional issues for the Australian media. Education and academic career Twomey holds degrees in Arts and Law from the University of Melbourne, a Master of Laws from the Australian National University, and a Doctor of Philosophy from the University of New South Wales. Twomey has worked for the High Court of Australia as a Senior Research Officer, for the Parliament of Australia as a researcher in the Law and Government Group, and The Cabinet Office of New South Wales as Policy Manager of the Legal Branch. She has acted as a consultant to a number of government bodies. Twomey is regarded as an expert on the Constitution of Australia. Honours and personal life Twomey was appointed ...
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Attorney-General Of Australia
The Attorney-GeneralThe title is officially "Attorney-General". For the purposes of distinguishing the office from other attorneys-general, and in accordance with usual practice in the United Kingdom and other common law jurisdictions, the Australian Attorney-General uses the term "Attorney-General for Australia" or the "Commonwealth Attorney-General": seAttorney-General website Historically, "Attorney-General of Australia" was also used. for Australia is the First Law Officer of the Crown in right of the Commonwealth of Australia, chief law officer of the Commonwealth of Australia and a minister of state. The attorney-general is usually a member of the Federal Cabinet, but need not be. Under the Constitution, they are appointed by the Governor-General on the advice of the Prime Minister, and serve at the Governor-General's pleasure. In practice, the attorney-general is a party politician and their tenure is determined by political factors. By convention, but not constitution ...
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Christian Porter
Charles Christian Porter (born 11 July 1970) is an Australian former politician and lawyer who served as the 37th Attorney-General of Australia from 2017 to 2021 in the Turnbull government and the subsequent Morrison government. He was a Member of Parliament (MP) for the Division of Pearce from 2013 to 2022 and a member of the Liberal Party of Australia. Porter also served as Leader of the House and Minister for Industrial Relations from 2019 to 2021, and Minister for Industry, Science and Technology in 2021 following his resignation as attorney-general. From Perth, Porter attended Hale School, the University of Western Australia and later the London School of Economics, and practised law at Clayton Utz and taught law at the University of Western Australia before his election to parliament. He is the son of the 1956 Olympic silver medallist, Charles "Chilla" Porter and the grandson of Queensland Liberal politician, Charles Porter, who was a member of the Queensland Leg ...
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Federal Court Of Australia
The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law (with the exception of family law matters), along with some summary (less serious) and indictable (more serious) criminal matters. Cases are heard at first instance by single judges. The court includes an appeal division referred to as the Full Court comprising three judges, the only avenue of appeal from which lies to the High Court of Australia. In the Australian court hierarchy, the Federal Court occupies a position equivalent to the supreme courts of each of the states and territories. In relation to the other courts in the federal stream, it is superior to the Federal Circuit and Family Court of Australia for all jurisdictions except family law. It was established in 1976 by the Federal Court of Australia Act. The Chief Justice of the Federal Court is James Allsop. Jurisdiction The Federal Court has no inherent jurisdict ...
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Attorney-General Of Victoria
The Attorney-General of Victoria, in formal contexts also Attorney-General or Attorney General for Victoria, is a minister in the Government of Victoria, Australia. The Attorney-General is a senior minister in the state government and the First Law Officer of the State. The current Attorney-General of Victoria has, since December 2020, been Jaclyn Symes of the Australian Labor Party. The Attorney-General is one of the ministers who administer parts of the Victorian Department of Justice and Community Safety, with responsibility for the state's courts and tribunals. Bill Slater served as Attorney-General of Victoria 6 separate times and Arthur Rylah holds the record for the longest term of 11 years and 334 days. List of attorneys-general of Victoria See also * Justice ministry * Politics of Victoria References {{Victorian ministries Victoria Victoria most commonly refers to: * Victoria (Australia), a state of the Commonwealth of Australia * Victoria, British Col ...
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Australian Permanent Resident
Australian permanent residents are residents of Australia who hold a permanent visa but are not citizens of Australia. A holder of a permanent visa may remain in Australia indefinitely. A 5-year initial travel facility, which corresponds to the underlying migration program, is granted alongside the permanent visa. Until the travel facility expires, the visa holder may leave and re-enter Australia freely. After that period the visa holder needs to re-apply for the travel facility. However, holders of a permanent visa who are already in Australia with an expired travel facility may remain in Australia indefinitely. Permanent residents enjoy many of the rights and privileges of citizens, including access to free or subsidised legal, education and health services. They do not have the right to vote in federal or state/territory elections, unless they were registered to vote prior to 1984, but may vote in some local government elections. Permanent residents are not entitled to an A ...
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Domestic Violence
Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for '' intimate partner violence'', which is committed by one of the people in an intimate relationship against the other person, and can take place in relationships or between former spouses or partners. In its broadest sense, domestic violence also involves violence against children, parents, or the elderly. It can assume multiple forms, including physical, verbal, emotional, economic, religious, reproductive, or sexual abuse. It can range from subtle, coercive forms to marital rape and other violent physical abuse, such as choking, beating, female genital mutilation, and acid throwing that may result in disfigurement or death, and includes the use of technology to harass, control, monitor, stalk or hack. Domestic murder includes stoning, bride bu ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Gunggari People
The Gunggari, or Kunggari, are an Aboriginal Australian people of southern Queensland. They are to be distinguished from the Kuungkari. Country The traditional tribal lands of the Gunggari stretched over some , taking in the Upper Nebine and Mungallala creeks from Bonna Vonna and Ballon north to Morven and Mungallala. Language They speak the Gunggari language, a member of the Maric language family. Their language is closely related to, and sometimes considered a dialect of neighbouring Bidjara and Manandanji languages. History of contact As white pastoralists began to seize and develop properties, the neighbouring Mandandanji began to be absorbed into the Gunggari, as the latter moved eastwards. Social Organisation According to information supplied by James Lalor to Alfred William Howitt, the Gunggari clan names were as follows: * ''Urgilla.'' Totem = Ngorgu (Kangaroo) * ''Anbeir.'' Totem = Bondun ( Bandicoot) * ''Wango.'' Totems =(a)Tonga (opossum) (b)Bulbora (flyi ...
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Native Title
Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty under settler colonialism. The requirements of proof for the recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable, and that it may be held either individually or collectively. Aboriginal title is also referred to as indigenous title, native title ( in Australia), original Indian title ( in the United States), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights, influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary internat ...
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