Articles on High Court

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For all offences in the higher courts, the proportion of Victorians sent to prison is actually higher than the national average. AAP/Paul Miller

Is Victoria’s sentencing regime really more lenient?

An overriding focus on increasing sentences may not necessarily be the best means of redressing the harm caused by sex offences.
All eyes will be on the High Court as it decides the dual citizenship cases of (from left), Malcolm Roberts, Scott Ludlam, Larissa Waters, Barnaby Joyce, Fiona Nash, Matt Canavan and Nick Xenophon. AAP/Various photographers

High stakes for Turnbull government as High Court hears MPs’ citizenship cases

For Malcolm Turnbull, on a wafer-thin majority and struggling in the polls, the outcome of the seven High Court cases is of vital importance.
The decision reveals the striking breadth of the government’s power to deal with asylum seekers and refugees in ways that directly contravene international law. AAP/Eoin Blackwell

High Court challenge to offshore immigration detention power fails

The Australian government had and has the power to do things necessary to establish and maintain its immigration detention facility on Manus Island, despite detention violating PNG law.
Throughout Australian history, previous parliaments have changed the legal understanding of marriage – none needed a plebiscite. AAP/Lukas Coch

Explainer: with no free vote for now, where next for marriage equality?

The government seems determined to give voters a voice on marriage equality, and equally determined not to be bound by what those voters say.

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