A couple of weeks ago, the High Court handed down its judgment in NH v Director of Public Prosecutions [2016] HCA 33. The case concerned four defendants in South Australia who were accused of murder. After a trial before a judge and jury, they were acquitted of...
The High Court’s judgment in the landmark case of Kable v Director of Public Prosecutions (NSW) [1996] HCA 24 marked an important extension of a particularly Australian concept of the independence of the judiciary from the federal level to the state level. The...
The Principle of Legality Twelve years ago today, the High Court handed down its decision in Electrolux Home Products Pty Ltd v Australian Workers’ Union, now remembered for Chief Justice Gleeson’s seminal discussion of the principle of legality. The principle of...
In the sixth post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Marina Kofman looks at the IBA’s latest program on judicial corruption. The judiciary plays a fundamental role in safeguarding the rule...
In the fifth post in our series of collaborative posts with New South Wales Young Lawyers’ International Law Committee, Louisa Spiteri examines the ICC’s sentencing of a Congolese warlord. A crucial element of fairness in the criminal justice system is...