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- Son of former HCA justice appointed to NSWCA
Son of former HCA justice appointed to NSWCA
Richard McHugh SC, the son of Michael McHugh, has been appointed to the NSW Court of Appeal
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Daily wrap
NSW Court of Appeal: Barrister and novelist Richard McHugh appointed a judge [AFR paywall]
“Leading barrister and novelist Richard McHugh, SC, has followed in the footsteps of his father, Michael, with his appointment to the NSW Court of Appeal on Wednesday.”
Yesterday the High Court handed down three decisions. Judgment summaries available below:
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CFMEU scandal: Fair Work Commission probe pushes to eject hundreds of officials [SMH paywall]
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“The Federal Court has established this online file in view of the public interest. Documents will be placed here when considered publicly accessible. This is the only way documents can be viewed by third parties. Applications for access to the registry are therefore unnecessary.”
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Download - Rethinking 'On Just Terms': Commonwealth v Yunupingu - Lael K Weis and Rosalind Dixon
“Commonwealth v Yunupingu raises a number of constitutionally significant issues concerning the scope of the Commonwealth Parliament’s power under s 51(xxxi) of the Australian Constitution and its relationship to the territories power in s 122. One issue that is not directly raised by the questions before the High Court of Australia, but that will nevertheless inform the Court’s answers, concerns the meaning of ‘on just terms’. Is ‘on just terms’ a narrow and inflexible
requirement to provide full market-based compensation? Or does it permit a broader and more flexible approach to determining the obligations of the Commonwealth and territory governments, which would allow for structural reparations and non-pecuniary remedies? We suggest that a broader and more flexible approach is generally to be preferred as a matter of both principle and prudence and that such an approach is especially relevant for the Court as it considers the consequences of its answers to the questions before it.”
The High Court will tomorrow continue to hear the appeal in Commonwealth of Australia v Yunupingu (on behalf of the Gumatj Clan or Estate Group) & Ors hcourt.gov.au/assets/registr…
— High Court of Australia (@HighCourtofAus)
7:38 AM • Aug 7, 2024
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