High Court

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Detainees on Manus Island are seeking an injunction to prevent their removal to Nauru or elsewhere until Australia’s High Court hears their case. AAP/Eoin Blackwell

High Court asked to declare Manus detention illegal as 859 detainees seek their day in court

If a new High Court claim against Australia's offshore detention regime succeeds, it will entirely undermine Australia’s inhumane practices in relation to “those who come across the seas”.
The decision is a win for 69-year-old Queensland breast cancer survivor Yvonne D'Arcy. Dan Peled/AAP

High Court rules breast cancer gene cannot be patented

Australia's highest court has ruled a gene mutation linked to cancer cannot be patented, ending a long battle over whether companies can own the rights to genetic material.
Dyson Heydon prided himself throughout his judicial career on the robust independence and intellectual integrity he brought to the role. AAP/Renee Nowytarger

Bias and the ‘black-letter’ judge: who is Dyson Heydon?

How has a former judge with an avowed commitment to judicial independence and probity found himself at the centre of a very public controversy over his own impartiality?
The message that terrorism is exceptional and egregious will be compromised if the current citizenship revocation bill becomes law. AAP/Dan Peled

Bill relies on legal fiction of self-executing law to revoke citizenship

Multiple concerns have been raised about the citizenship-stripping bill's inattention to human rights, its differential impact upon dual and sole nationals, and its potential application to persons who commit relatively minor crimes.
Karen Nettleton, whose daughter and grandchildren are currently in Syria, has a made a public plea for her family to be allowed to return to Australia. ABCTV

Even Khaled Sharrouf’s family has the right to come home

Whatever we think of the family of foreign fighter Khaled Sharrouf or their circumstances, they enjoy the right to return on the same footing as every other Australian citizen.
South Australia’s proposed anti-bikie laws criminalise the wearing of anything that indicates association with a declared ‘criminal organisation’ on licensed premises. AAP/Eric Sands

Queensland holds lessons for states set to crack down on bikies

While South Australia's proposed anti-bikie laws may be constitutional, there are clear reasons why introducing them is at best premature – and at worst a very bad idea.
The Northern Territory’s ‘paperless arrest’ powers are at odds with recommendations by the Royal Commission into Aboriginal Deaths in Custody. Shutterstock/Igor Golovniov

Paperless arrests are a sure-fire trigger for more deaths in custody

Northern Territory police powers to make 'paperless arrests' are completely contrary to recommendations by the Royal Commission into Aboriginal Deaths in Custody, and now the inevitable has happened.
The investigation that brought down the NSW Premier, Barry O'Farrell, is one of several that has put the powers of ICAC in the spotlight. AAP/Dan Himbrechts

Are corruption watchdogs out of control? Their records say no

ICAC has claimed some high-profile scalps, prompting some claims that the watchdog is out of control. Yet our new research shows 99% of complaints don't proceed to a formal investigation.
The High Court has upheld a NSW Court of Appeal decision that ICAC had no power to investigate Crown prosecutor Margaret Cunneen. AAP/Dan Himbrechts

High Court forces ICAC to drop Cunneen inquiry and review others

The High Court has decided ICAC did not have the power to investigate a NSW Crown prosecutor, so the commission will have to review investigations involving the conduct of private individuals.

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