Articles on Australian law

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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.
Amid a sea of troubles – including the premature loss of their CEO and a money-laundering scandal – the CBA is facing a shareholder lawsuit. AAP Image/Dave Hunt

Climate change is a financial risk, according to a lawsuit against the CBA

A new lawsuit against the CBA puts climate change in a new legal light: a financial hazard. The case opens up fresh lines of attack on institutions that contribute to climate change.
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.
The crime of blasphemy is about protecting God and Christian doctrine from scurrilous commentary, and Christians from offence. Shutterstock

Blasphemy is still a crime in Australia – and it shouldn’t be

Laws against blasphemy privilege the feelings of Christians over other religious people, and have no place in a modern, inclusive society.
Giving a reference is protected, in defamation law, by the common-law defence of qualified privilege. shutterstock

Can you sue someone for giving you a bad reference?

In many cases, a reference will contain negative things about its subject. This is part of a reference’s design: the referee should give a full and frank assessment.

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