146-692: In Kruger v Commonwealth , decided in 1997, also known as the Stolen Generation Case , the High Court of Australia rejected a challenge to the validity of legislation applying in the Northern Territory between 1918 and 1957 which authorised the removal of Aboriginal children from their families. The majority of the bench found that the Aboriginals Ordinance 1918 was beneficial in intent and had neither
292-508: A by-election for Hastings and Macleay and was immediately elected leader of the opposition , which consisted of a mixture of pro-federation and anti-federation protectionists. In January 1899 Reid gained significant concessions from the other states and he joined Barton in campaigning for the second referendum in June 1899, with Barton campaigning all over the state. It passed 107,420 votes to 82,741. In August 1899 when it became clear that
438-473: A chief justice , currently Stephen Gageler . Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet . They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applications for appeal from parties in
584-536: A separation of powers . The original formulation of Griffith, Barton and Kingston provided only that the parliament could establish a court. The draft was later amended at various conventions. In Adelaide the court's proposed name was changed to be the "High Court of Australia". Many people opposed the idea of the new court completely replacing the Privy Council. Commercial interests, particularly subsidiaries of British companies preferred to operate under
730-524: A Chapter III Court was only permitted to exercise judicial power. It had previously been held however that the territories were not a part of that federal judicial power. Authority for the second proposition came from Chu Kheng Lim v Minister for Immigration , where Brennan CJ, Deane and Dawson JJ said "The involuntary detention of a citizen in custody by the State is penal or punitive in character and, under our system of government, exists only as an incident of
876-630: A Court. This policy of removing Indigenous children from their family continued when control of the Northern Territory was transferred from South Australia to the federal government. The Aboriginals Ordinance 1918 extended these powers, putting Aboriginal females under the total control of the Chief Protector. Most of the Aboriginal institutions were operated by churches. From 1964 indigenous children could only be removed under
1022-458: A Knight Grand Cross of the Order of St Michael and St George (GCMG) in the 1902 Coronation Honours list published on 26 June 1902, and was invested by King Edward VII at Buckingham Palace on 8 August 1902. (He was the only prime minister to be knighted during his term of office until Robert Menzies in 1963; various others were knighted after leaving the office; Sir Earle Page was already
1168-687: A Ministry of enemies to Federation, they would get no vote from him". He topped the poll and subsequently voted with Parkes, but refused to take a position in his minority government. After the Labor Party withdrew support and the government fell in October 1891, Parkes persuaded him to take over the leadership of the Federal movement in New South Wales. Dibbs formed a Protectionist government in New South Wales, and Barton agreed to return to
1314-598: A certificate of appeal would be granted by the High Court. In 1986, with the passing of the Australia Act by both the UK Parliament and the Commonwealth Parliament (with the request and consent of the states), appeals to the Privy Council from state supreme courts were closed off, leaving the High Court as the only avenue of appeal. In 2002, Chief Justice Murray Gleeson said that
1460-604: A complex electoral reform bill. He introduced the federal resolutions into the House on 22 November 1892, but was unable to get them considered in committee. Meanwhile, he began a campaign to spread support for federation to the people with meetings in Corowa and Albury in December 1892. Although he finally managed to get the federal resolutions considered in committee in October 1893, he then could not get them listed for debate by
1606-524: A cricketing trip to Newcastle in 1870 he met Jane Mason Ross , whom he married in 1877. In 1879, Barton umpired a cricket match at Sydney Cricket Ground between New South Wales and an English touring side captained by Lord Harris . After a controversial decision by Barton's colleague George Coulthard against the home side, the crowd spilled onto the pitch and assaulted some of the English players, leading to international cricket's first riot . In
SECTION 10
#17327987261441752-615: A dedicated courtroom was built in Little Bourke Street , next to the Supreme Court of Victoria . That space provided the court's Melbourne sitting place and housed the court's principal registry until 1980. The court also sat regularly in Sydney, sharing space in the criminal courts of Darlinghurst Courthouse , before a dedicated courtroom was constructed next door in 1923. The court travelled to other cities across
1898-405: A free trader, made the tariff issue his primary focus, but its significance was diminished by the fact that the new federal government would have to depend on tariffs for its revenue. Barton instead delivered "an electoral masterstroke" by making White Australia the centrepiece of the government's campaign, thereby attracting many working-class voters concerned about "coloured labour". Supporters of
2044-456: A government again. Barton was an early supporter of federation, which became a serious political agenda after Henry Parkes' Tenterfield Oration , and was a delegate to the March 1891 National Australasian Convention . At the convention he made clear his support for the principle that "trade and intercourse ... shall be absolutely free" in a federal Australia. He also advocated that not just
2190-406: A government. His reasons for doing so have been debated, but his decision was widely regarded as a mistake. Lyne, the premier of New South Wales, had actively campaigned against federation, and the leading politicians in each of the other colonies refused to serve under him. On 24 December, he informed Hopetoun that he was unable to form a government and advised him to send for Barton. As a result,
2336-423: A key role in the drafting of a national constitution , and was one of the lead campaigners for federation in the subsequent referendums . In late 1900, despite the initial " Hopetoun Blunder ", Barton was commissioned to form a caretaker government as Australia's first prime minister. His term began on 1 January 1901, the date on which federation occurred. At the first federal election in March 1901, Barton and
2482-662: A knight when he briefly became prime minister in 1939.) He received an honorary Doctor of Laws (LL.D.) from the University of Cambridge in 1900, and honorary Doctor of Civil Law from the University of Oxford and LL.D. from the University of Edinburgh while visiting the United Kingdom in the summer of 1902. He also received the Freedom of the City of Edinburgh during a visit to that city on 26 July 1902. In 1905,
2628-476: A law could be found to be invalid. The High Court upheld the validity of the 1918 Ordinance but that removal could only occur if it was considered as being best interests of the Aboriginal child, "judged by the values and standards prevailing at the time". In this way the Court left open the possibility that the removal of some Aboriginal children may not have been authorised by the 1918 Ordinance. Only one member of
2774-410: A legitimate end. Toohey, Gaudron, and McHugh JJ held that association and movement were inherent in political communication such that there was an implied freedom of movement and association. Toohey J held that considering the standards and perceptions prevailing at the time of the 1918 Ordinance, it was not necessarily invalid. McHugh J held that the right was intimately connected with voting, and because
2920-467: A majority of judges, Griffith CJ , Barton , Isaacs , Powers and Rich JJ , held that the power to enforce awards, being convictions for offences and the imposition of penalties and punishments, were matters appertaining exclusively to judicial power. The High Court reinforced the doctrine in the Boilermakers' Case , holding that only a Chapter III Court could exercise judicial powers and that
3066-549: A notable controversy when the Constitution was drafted. Section 74 of the Constitution as it was put to voters, stated that there would be no appeals to the privy council in any matter involving the interpretation of the Constitution or state constitutions. The section as enacted by the Imperial Parliament was different. It only prohibited appeals on constitutional disputes regarding the respective powers of
SECTION 20
#17327987261443212-642: A pact Japan had entered with the Axis powers prior to his arrival in Tokyo . Owen Dixon was also absent for several years of his appointment, while serving as Australia's minister to the United States in Washington . Sir George Rich acted as chief justice during Latham's absence. From 1952, with the appointment of Sir Owen Dixon as chief justice, the court entered a period of stability. After World War II,
3358-572: A process called special leave . If a party's application is accepted, the court will proceed to a full hearing, usually with oral and written submissions from both parties. After conclusion of the hearing, the result is decided by the court. The special leave process does not apply in situations where the court elects to exercise its original jurisdiction; however, the court typically delegates its original jurisdiction to Australia's inferior courts. The court has resided in Canberra since 1980, following
3504-598: A qualification for any office or public trust under the Commonwealth. The plaintiffs did not argue that making Aboriginal children attend a church run institution was the imposition of religious observance, but that the system of spiritual beliefs and practices of the Aboriginal people was a religion and the laws prohibited Aboriginal children from the free exercise of that religion by separating them from indigenous culture. The Bringing Them Home report had found that Aboriginal children were removed because their Aboriginality
3650-423: A question of law is raised which is of public importance, involves a conflict between courts or "is in the interests of the administration of justice". Special leave hearings are typically presided over by a panel of two or three justices of the High Court. Parties are typically limited to an oral submission of 20 minutes, in addition to any written submissions. Appeals to the United Kingdom's Privy Council were
3796-583: A range of recommendations, including apologies from governments, churches and charities involved, the payment of monetary compensation and that the federal government legislate to implement the Genocide Convention with full domestic effect. The plaintiffs were seeking compensation from the Commonwealth for wrongful imprisonment and deprivation of liberty. For seven of the plaintiffs, Alec Kruger, Hilda Muir, Connie Cole, Peter Hansen, Kim Hill, George Ernest Bray, Janet Zita Wallace and Marjorie Foster,
3942-553: A reaction in London which prevented any serious attempt to implement the bill through the British Imperial Parliament . Another draft bill was proposed in 1880 for the establishment of an Australasian court of appeal. The proposed court would consist of one judge from each of the colonial supreme courts, who would serve one-year terms. However, the proposed court allowed for appeals to the Privy Council, which
4088-504: A right could not apply to the territories, as they were creations of parliament. Per Dawson J, the due process afforded by the existence of Chapter III courts is of a "procedural rather than substantive nature". As for the existence of discrimination in the Constitution, he disagreed with the notion that because there were provisions protecting the States from discriminatory Commonwealth laws, there should be applicable laws for individuals, on
4234-604: A sticking point however; with objections made by Secretary of State for the Colonies , Joseph Chamberlain , the Chief Justice of South Australia, Sir Samuel Way , and Samuel Griffith , among others. In October 1899, Griffith made representations to Chamberlain soliciting suggestions from British ministers for alterations to the draft, and offered alterations of his own. Indeed, such was the effect of these and other representations that Chamberlain called for delegates from
4380-432: A third judge appointed to fill the vacancy caused by O'Connor's death. One of the new judges was Barton's friend Albert Piddington , whose appointment proved controversial due to his political views. He resigned from the court after a month, despite Barton's attempts to convince him to stay. The three vacancies were eventually filled by Frank Gavan Duffy , Charles Powers and George Rich , none of whom had been involved in
4526-600: A unanimous judgment rejecting the authority of the House of Lords decision in DPP v Smith , writing, "I shall not depart from the law on this matter as we have long since laid it down in this Court and I think that Smith's case should not be used in Australia as authority at all." The Privy Council overturned this by enforcing the UK precedent upon the High Court the following year. Thirteen High Court judges have heard cases as part of
Kruger v Commonwealth - Misplaced Pages Continue
4672-422: A welfare purpose and thus were neither puniative nor the exercise of judicial power. Gaudron J similarly based her decision on the finding that the power to authorise detention in custody was not exclusively judicial power. Gummow J held that at the time the detention was seen as necessary for a legitimate non-punitive purpose and was not the exercise of judicial power. The plaintiffs sought remedies consistent with
4818-501: Is determined by sections 75 and 76 of Australia's Constitution. Section 75 confers original jurisdiction in all matters: Section 76 provides that Parliament may confer original jurisdiction in relation to matters: Constitutional matters, referred to in section 76(i), were conferred on the High Court by section 30 of the Judiciary Act 1903 . Whilst it may seem that the inclusion of constitutional matters in section 76 means that
4964-428: Is divided in its exercise between constitutional and federal cases which loom so largely in the public eye, and the great body of litigation between man and man, or even man and government, which has nothing to do with the Constitution, and which is the principal preoccupation of the court The broad jurisdiction of the High Court means that it has an important role in Australia's legal system. Its original jurisdiction
5110-462: Is empowered by section 73 of the Constitution to hear appeals from the supreme courts of the states and territories; as well as any court exercising federal jurisdiction. It may also hear appeals of decisions made in an exercise of its own original jurisdiction. The High Court's appellate jurisdiction is limited by the Judiciary Act , which requires special leave to be granted before the hearing of an appeal. Special leave may only be granted where
5256-492: Is now the Fort Street Public School . He later attended Sydney Grammar School , possibly as one of the first students after the school's opening in 1857. One of his close friends in his youth was Richard O'Connor , who would eventually join him on the High Court. Barton was the dux and school captain at Sydney Grammar in 1863 and 1864. He matriculated at the University of Sydney in 1865, aged 16, and
5402-576: The Constitution Alteration (Retirement of Judges) 1977 , which upon its commencement on 29 July 1977 amended section 72 of the Constitution so as require that all justices appointed from then on must retire on attaining the age of 70 years. Edmund Barton Prime Minister of Australia Term of government (1901–1903) Justice of the High Court of Australia (1903–1920) Defunct Defunct Sir Edmund " Toby " Barton (18 January 1849 – 7 January 1920)
5548-536: The Constitution of Australia and early commonwealth laws . Barton was an early supporter of the federation of the Australian colonies , the goal of which he summarised as "a nation for a continent, and a continent for a nation". After the retirement of Henry Parkes he came to be seen as the leader of the federation movement in New South Wales. He was a delegate to the constitutional conventions , playing
5694-604: The Constitution of Australia and supplementary legislation. The High Court was established following the passage of the Judiciary Act 1903 (Cth) . Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the High Court of Australia Act 1979 (Cth). The court consists of seven justices, including
5840-616: The Family Court and Federal Magistrates Court have been set up to reduce the court's workload in specific areas. In 1968, appeals to the Privy Council in matters involving federal legislation were barred. In 1986, with the passage of the Australia Acts direct appeals to the Privy Council from state Supreme Courts were also closed off. The life tenure of High Court justices ended in 1977. A national referendum in May 1977 approved
5986-535: The High Court of Australia , but other matters could be appealed to the Privy Council. Edmund was a Justice of the High Court for 16 years. Barton was appointed prime minister on 1 January 1901, the day on which the new federal constitution came into effect. He and various other dignitaries were driven through the streets of Sydney in a procession watched by thousands of onlookers, beginning in The Domain and ending at Centennial Park . A swearing-in ceremony for
Kruger v Commonwealth - Misplaced Pages Continue
6132-769: The Labor Party could be manoeuvred into bringing down the Reid government, Barton resigned as leader of the opposition, as he was unacceptable to Labour, and William Lyne took his place. He allegedly refused an offer to become Attorney-General again. Barton's Convention colleague, J.T. Walker, wrote at the time, "Barton is not well off financially, and some of his friends (he has many) are trying to help him. They would not be so ready to do so were he to join Lyne". He resigned from Parliament in February 1900 so that he could travel to London with Alfred Deakin and Charles Kingston to explain
6278-646: The New South Wales Legislative Assembly in the poll of the graduates of the University of Sydney (who were required to wear gowns for the occasion), but was beaten by William Charles Windeyer 49 votes to 43. When Windeyer resigned, Barton won the 1879 by-election . When it was abolished in 1880, he became the member for Wellington , from November 1880 to 1882, and East Sydney , from November 1882 to January 1887. At this stage he considered it "almost unnecessary" to point out his support for free trade. In 1882, he became Speaker of
6424-484: The Supreme Court of Nauru in both criminal and civil cases, but not constitutional matters. There were a total of five appeals to the High Court under this agreement in the first 40 years of its operation. In 2017, however, this jumped to 13 appeals, most relating to asylum seekers. At the time some legal commentators argued that this appellate jurisdiction sat awkwardly with the High Court's other responsibilities, and ought be renegotiated or repealed. Anomalies included
6570-583: The official opposition with 26 MPs. The situation in the Senate was similarly complicated, with the government's position even less secure. However, party discipline was virtually non-existent and Barton was widely seen as having won a mandate to govern. Barton outlined his platform for the first federal election at a speech on 17 January 1901, delivered at the West Maitland Town Hall within his prospective electorate. His plans included
6716-603: The "Protection and Control" of the Aboriginal people of the Territory. Under the Act, the "Chief Protector of Aboriginals" was appointed as the legal guardian of every child whose mother was Aboriginal, and had the power to confine such children to a reserve or Aboriginal institution. That is, Indigenous children could be removed by Administrative order, whereas non-Indigenous children at the time could only be removed by order of
6862-454: The "combined effect" of the legislation and the announcement in Kirmani "has been that s 74 has become a dead letter, and what remains of s 74 after the legislation limiting appeals to the Privy Council will have no further effect". Following an agreement between Nauru and Australia signed on 6 September 1976, the High Court became Nauru's apex court. It was empowered to hear appeals from
7008-670: The ALP a chance to form government in April 1904, but it was short-lived and George Reid succeeded Watson as prime minister in August. Later in the year, the court came into conflict with Josiah Symon , Reid's appointee as attorney-general. Symon objected to the judges hearing cases in each of the state capitals, believing the court should sit only in Melbourne and Sydney , and also thought their travelling expenses were excessive. Relations between
7154-484: The Australian colonies and the United Kingdom (under which Australia funded Royal Navy protection from foreign naval threats) by an agreement between the Commonwealth and the United Kingdom at the 1902 Colonial Conference . Deakin disliked this arrangement and discontinued it, moving for a substantial expansion of Australia's own navy in 1908. On their way home from the United Kingdom, Barton and Forrest visited Canada, including Toronto, Ottawa (where they were guests of
7300-401: The Chief Protector to take children into custody, and to confine them to a reserve or Aboriginal institution. Brennan CJ and Dawson J did not decide whether or not there was an implied freedom of movement and association. Brennan CJ held that the provisions were not directed to impeding political communication and so were not invalid. Dawson J held that because people in a Territory did not have
7446-471: The Constitutional power to make laws authorising acts of genocide. Her Honour was however the only judge to find a right to freedom from genocide. Dawson J, in addition to holding that the 1918 Ordinance did not authorise genocide, held that section 122 of the Constitution is 'unlimited in terms of subject matter' in contrast to the heads of power under section 51. Therefore the proper construction of
SECTION 50
#17327987261447592-572: The Governor-General), and the Pacific Coast. On 24 September 1903, Barton resigned as prime minister to become one of the founding justices of the High Court of Australia. Speculation about his political future had been rife for several months, particularly after the Judiciary Act 1903 was passed in August. There were several factors at play in his decision to retire from politics. Some within his own party thought that he lacked
7738-600: The High Court in New South Wales v Commonwealth ( The Wheat Case ), that the structure of the Constitution required the strict insulation of judicial power such that only a court established under Chapter III of the constitution can exercise the judicial power of the Commonwealth. The reasoning in the Wheat Case was taken further in Waterside Workers' Federation of Australia v J W Alexander Ltd where
7884-563: The High Court's original jurisdiction regarding constitutional matters could be removed, in practice section 75(iii) (suing the Commonwealth) and section 75(iv) (conflicts between states) are broad enough that many constitutional matters would still be within its jurisdiction. The original constitutional jurisdiction of the High Court is now well established; the Australian Law Reform Commission has described
8030-495: The High Court, Brennan CJ, Dawson, Toohey, Gaudron and McHugh JJ, found that the 1918 Ordinance required action to be taken in the best interests of the Aboriginal people and thus did not authorise genocide. Thus is, if genocidal acts occurred, they were beyond the power given by the 1918 Ordinance. Gaudron J went further and held that genocide was so fundamentally abhorrent that the Australian Parliament did not have
8176-555: The High Court. Following a court-packing attempt by the Labor Prime Minister Andrew Fisher In February 1913, the bench was increased again to a total to seven. Charles Powers and Albert Bathurst Piddington were appointed. These appointments generated an outcry, however, and Piddington resigned on 5 April 1913 after serving only one month as High Court justice. The High Court continued its Banco location in Melbourne until 1928, until
8322-671: The House. In December, he and Richard O'Connor , the Minister for Justice , were questioned about their agreement to act as private lawyers against the government in Proudfoot v. the Railway Commissioners . While Barton resigned the brief, he lost a motion on the right of ministers to act in their professional capacity as lawyers in actions against the government, and immediately resigned as Attorney-General. In July 1894 , Barton stood for re-election for Randwick , since
8468-830: The Japanese government conferred the Grand Cordon, Order of the Rising Sun , and Barton was granted permission to retain and wear the insignia. The honour was presented in acknowledgement of his personal role in resolving a conflict concerning the Commonwealth's Pacific Island Labourers Act and the Queensland protocol to the Anglo-Japanese Treaty . In 1951 and again in 1969, Barton was honoured on postage stamps bearing his portrait issued by Australia Post . The Barton Highway near Canberra , Australia
8614-833: The New South Wales Legislative Assembly . He was aged only 33, and was the youngest person to have been chosen presiding officer of any Australian legislative chamber. In 1884 he was elected President of the University of Sydney Union . In 1887, he was appointed to the New South Wales Legislative Council at the instigation of Sir Henry Parkes . In January 1889, he agreed to being appointed Attorney General of New South Wales in George Dibbs 's Protectionist government, despite his previous support for free trade. This government lasted only until March, when Parkes formed
8760-478: The Pacific Islands. In April 1901, Barton announced that the government would sponsor a competition to design a new national flag for Australia. The winning design was the basis for the current Australian national flag, although Barton personally favoured the existing Australian Federation Flag that had been popular in New South Wales for many years. As it was primarily intended to be used in shipping,
8906-643: The Privy Council in Webb v Outtrim (1906). Barton was angered by the Privy Council's intervention, having always believed the High Court should be the final court of appeal. In personal correspondence he described the 83-year-old presiding judge Lord Halsbury as an "old pig" who did not understand the needs of a federation. Sitting as the Court of Disputed Returns , Barton was the sole judge in Blundell v Vardon (1907), where he ruled that Joseph Vardon 's election to
SECTION 60
#17327987261449052-460: The Privy Council regularly heard appeals against High Court decisions. In some cases the Council acknowledged that the Australian common law had developed differently from English law and thus did not apply its own principles. Other times it followed English authority, and overruled decisions of the High Court. This arrangement led to tensions between the High Court and the Privy Council. In Parker v The Queen (1964), Chief Justice Owen Dixon led
9198-418: The Privy Council. Sir Isaac Isaacs is the only judge to have sat on an appeal from the High Court, in 1936 after his retirement as governor-general. Sir Garfield Barwick insisted on an amendment to Privy Council procedure to allow dissent; however, he exercised that capacity only once. The appeals mostly related to decisions from other Commonwealth countries, although they occasionally included appeals from
9344-430: The Protectionists won the most seats, but were well short of a majority. He was able to remain as prime minister by forming an alliance with the fledgling Australian Labor Party (ALP), which held the balance of power. The Barton government established a number of new national institutions, including the Australian Defence Force and the Commonwealth Public Service . It introduced nation-wide women's suffrage , and laid
9490-488: The Senate was void due to electoral irregularities. He joined with Griffith and O'Connor in the majority opinion in R v Barger (1908), "the High Court's most decisive intervention to date in thwarting social reforms passed by the Commonwealth parliament". In a series of cases around the same time, the trio also restricted the powers of the Commonwealth Court of Conciliation and Arbitration . Barton and Griffith split notably in New South Wales v Commonwealth (1915), with
9636-461: The States. Finally, even with the existence of Chapter III courts, it is not possible to declare a law invalid because it is substantively unequal. The claim for freedom of movement was not based on the express right such as the freedom of interstate commercial travel, but rather an implied right flowing from the implied freedom of political communication , a freedom that may be subject to limitations that are reasonably appropriate and adapted to serve
9782-401: The Stolen Generations, Bruce Trevorrow in South Australia, has obtained compensation as a result of litigation. Limited compensation schemes have been implemented in New South Wales and South Australia. High Court of Australia The High Court of Australia is the apex court of the Australian legal system . It exercises original and appellate jurisdiction on matters specified in
9928-401: The basis that these protections were founded on different considerations. Furthermore, where the Constitution has prescribed equality, it has done so explicitly, such as the section 92 prohibition against discrimination of a protectionist kind. However, he recognised that Deane and Toohey JJ based their doctrine of equality on "considerations of a more fundamental kind". Dawson J also attacked
10074-430: The case to the Supreme Court "differently constituted, for hearing according to law". On Nauru's 50th anniversary of independence, Baron Waqa declared to parliament that "[s]everance of ties to Australia's highest court is a logical step towards full nationhood and an expression of confidence in Nauru's ability to determine its own destiny". Justice Minister David Adeang said that an additional reason for cutting ties
10220-429: The claim was based on their removal from their families while they were children between 1925 and 1944. The claim of the eighth plaintiff, Rosie Napangardi McClary, was based on her being a mother whose daughter had been removed. One of the barriers for members of the Stolen Generations obtaining compensation was that their removal was authorised by the 1918 Ordinance, a barrier the plaintiffs sought to remove by challenging
10366-425: The colonies to come to London to assist with the approval process, with a view to their approving any alterations that the British government might see fit to make; delegates were sent, including Deakin, Barton and Charles Kingston , although they were under instructions that they would never agree to changes. After intense lobbying both in Australia and in the United Kingdom, the Imperial Parliament finally approved
10512-662: The colonies, an 1849 report from the Privy Council suggested a national court be created. In 1856, the Governor of South Australia , Richard MacDonnell , suggested to the Government of South Australia that they consider establishing a court to hear appeals from the Supreme Courts in each colony. In 1860 the South Australian Parliament passed legislation encouraging MacDonnell to put the idea to
10658-556: The colonies. It finalised its draft constitution in March 1898 and Barton went back to New South Wales to lead the campaign for a yes vote in the June referendum . Although it gained majority support, it achieved only 71,595; 80,000 was the minimum number for it to pass. In July 1898 Barton resigned from the Upper House to challenge Reid for the seat of Sydney-King in the 1898 general election , but narrowly lost. In September, he won
10804-418: The composition of Australia's first cabinet was not formally announced until 30 December, two days before it was sworn in. Barton assembled a ministry that was described variously as a "cabinet of kings", "orchestra of conductors", and "army of generals". It comprised four incumbent colonial premiers (including Lyne), two former premiers, and Barton's key allies Alfred Deakin and Richard O'Connor . Deakin
10950-563: The construction of a purpose-built High Court building , located in the Parliamentary Triangle and overlooking Lake Burley Griffin . Sittings of the court previously rotated between state capitals, particularly Melbourne and Sydney , and the court continues to regularly sit outside Canberra. The High Court exercises both original and appellate jurisdiction . Sir Owen Dixon said on his swearing in as Chief Justice of Australia in 1952: The High Court's jurisdiction
11096-522: The country, where it would use facilities of the respective supreme courts. Deakin had envisaged that the court would sit in many different locations, so as to truly be a federal court. Shortly after the court's creation, Chief Justice Griffith established a schedule for sittings in state capitals: Hobart in February, Brisbane in June, Perth in September, and Adelaide in October. It has been said that Griffith established this schedule because those were
11242-583: The court for the first time, as the new judges were political radicals and had not been involved in drafting the constitution. Barton and Griffith formed a conservative bloc, almost always joined by O'Connor. Barton did not dissent from Griffith in the first eight years of the court's existence. In the 44 cases heard by the court from 1904 to 1905 he delivered only 12 separate judgments, choosing to join Griffith's opinion in every other case. Some writers have taken this as indicative of laziness or reluctance to lead
11388-477: The court voting 4–2 to strip the Inter-State Commission of any judicial power, much to Barton's dismay. Only Gavan Duffy sided with his argument that parliament should determine the commission's powers rather than the court. The decision was "a rebuff to Barton's authority as an interpreter of the Constitution and his special authority as one of its draftsman". During World War I, Barton joined
11534-488: The court's workload continued to grow, particularly from the 1960s onwards, putting pressures on the court. Sir Garfield Barwick , who was attorney-general from 1958 to 1964, and from then until 1981 chief justice, proposed that more federal courts be established, as permitted under the Constitution. In 1976 the Federal Court of Australia was established, with a general federal jurisdiction, and in more recent years
11680-577: The court. In D'Emden v Pedder (1904), the High Court formulated a doctrine of implied immunity of instrumentalities , modelled closely on the American concept of intergovernmental immunity which Barton and the other authors of the constitution had closely studied. The court followed this precedent in Deakin v Webb (1904), which was subsequently overturned by the Judicial Committee of
11826-421: The court. However, others have suggested that his lack of separate judgments was not representative of his work ethic and reflected more a general dislike of concurring opinions as liable to complicate the interpretation of rulings. Barton was acting chief justice for nine months in 1913, while Griffith was overseas. The same year saw a major shift in the composition of the court, with two new seats created and
11972-551: The court. Opponents instead proposed that the court should be made up of state supreme court justices, taking turns to sit on the High Court on a rotation basis, as had been mooted at the Constitutional Conventions a decade before. Deakin eventually negotiated amendments with the opposition , reducing the number of judges from five to three, and eliminating financial benefits such as pensions. At one point, Deakin threatened to resign as Attorney-General due to
12118-674: The design had to be submitted to the British Admiralty for approval and was not officially adopted until 1903. An early piece of legislation of the Barton government was the Immigration Restriction Act 1901 , which put the White Australia policy into law. The Labour Party required legislation to limit immigration from Asia as part of its agreement to support the government, but Barton had promised
12264-538: The design of the court as it was. Inglis Clark took the view that the possibility of divergence was a good thing, for the law could adapt appropriately to Australian circumstances. Despite this debate, the draft's judicial sections remained largely unchanged. After the draft had been approved by the electors of the colonies, it was taken to London in 1899 for the assent of the British Imperial Parliament. The issue of Privy Council appeals remained
12410-458: The difficulties he faced. In his three and a half hour second reading speech to the House of Representatives , Deakin said, The federation is constituted by distribution of powers, and it is this court which decides the orbit and boundary of every power... It is properly termed the keystone of the federal arch... The statute stands and will stand on the statute-book just as in the hour in which it
12556-506: The dissenting judgements of Deane and Toohey JJ, and Gaudron J in a separate judgment in Leeth v Commonwealth , However, in this case only Toohey J held there was a right of substantive equality; Gaudron J departed from her position in Leeth to support procedural equality only. Gaudron J was accompanied by Dawson, McHugh and Gummow JJ. Brennan CJ did not consider this issue, as he found that such
12702-403: The draft constitution. The draft as passed included an alteration to section 74, in a compromise between the two sides. It allowed for a general right of appeal from the High Court to the Privy Council, but the Parliament of Australia could make laws restricting this avenue. In addition, appeals in inter se matters were not as of right, but had to be certified by the High Court. The High Court
12848-638: The drafting of the constitution. As a result, Barton and Griffith increasingly found themselves in a minority on constitutional matters, seeking to preserve the intentions of the framers rather than allow the constitution to evolve. The new judges were also less familiar with the North American federal precedents that the original judges had often relied upon. The influx of new voices contributed to Barton's movement away from Griffith, as he showed "a return of energy and initiative [...] greater independence and at times disagreement" than in his earliest years on
12994-403: The electorate of East Sydney had been abolished, and lost. He did not stand for election in the 1895 election , very possibly because of financial difficulties. However, he continued to campaign for federation and during the period between January 1893 to February 1897, Barton addressed nearly 300 meetings in New South Wales, including in the Sydney suburb of Ashfield where he declared that "For
13140-407: The energy and commitment to continue as the leader of the government. Barton had also suffered from bouts of ill health, including a fainting spell in his office earlier in the year. He was advised by his doctor to quit active politics. Finally, he had a history of financial difficulties and appreciated the security that a lifetime appointment would bring. The appointment of the new judges was made by
13286-505: The establishment of the federal capital, the High Court and the Inter-State Commission , and a "moderately protectionist tariff" in order to raise the revenue to introduce old-age pensions and a uniform postal system. He also promised to introduce universal suffrage for federal elections, build the Trans-Australian Railway , legislate to allow federal intervention in industrial disputes, and ban immigration from Asia and
13432-416: The exclusively judicial function of adjudging and punishing criminal guilt. All judges dismissed the separation of powers argument, their reasons differed. Brennan CJ, Dawson and McHugh JJ held that the separation of powers doctrine did not apply to the power to make laws for a territory under section 122 of the Constitution and thus did not decide whether detention was a judicial power. Brennan CJ held that
13578-509: The federation bill to the Government of the United Kingdom . Around the same time on 15 January 1900 Barton published a 28-page United Australia magazine to disseminate an informative narrative for the propositions of a future Federal Government that he hoped to lead. The British Government was adamant in its opposition to the abolition of appeals to the Privy Council as incorporated in the draft constitution; eventually, Barton agreed that constitutional ( inter se ) matters would be finalised in
13724-491: The first time in history, we have a nation for a continent and a continent for a nation". By March 1897, he was considered "the acknowledged leader of the federal movement in all Australia". In 1897, Barton topped the poll of the delegates elected from New South Wales to the Constitutional Convention , which developed a constitution for the proposed federation. Although Sir Samuel Griffith wrote most of
13870-514: The foundations of the White Australia policy with the Immigration Restriction Act 1901 . Barton left politics in 1903 to become one of the three founding members of the High Court, which his government had created. He was succeeded as prime minister by Alfred Deakin . On the court, Barton was able to shape the judicial interpretation of the constitution he had helped write. Barton was born on 18 January 1849 in Glebe, Sydney, New South Wales . He
14016-425: The government and the court became so strained that the judges contemplated refusing to hear cases, and Barton seriously considered resigning. The situation was only resolved in June 1905 when Deakin returned as prime minister. The Deakin government added two extra judges to the High Court in 1906, appointing former attorneys-general H. B. Higgins and Isaac Isaacs . Their elevation brought an adversarial aspect to
14162-676: The government won 32 out of the 75 seats in the Australian House of Representatives , with their grouping calling itself the Protectionist Party (or Liberal Protectionists). Barton himself was elected unopposed in the Division of Hunter , having previously represented the area in the New South Wales parliament. The government's continuation was secured by the support of the newly formed Australian Labor Party (ALP), which had 17 MPs. Reid and his Free Trade Party formed
14308-484: The governor-general on the advice of cabinet, many of whom had ambitions of their own and encouraged Barton to accept the post. His appointment was largely uncontroversial, given his role in drafting the constitution, experience as a barrister, and acceptance of a puisne judgeship rather than the position of chief justice . Barton was sworn in to the High Court on 7 October 1903, along with his close friends Samuel Griffith and Richard Edward O'Connor ; Griffith became
14454-486: The inaugural Chief Justice of Australia . The new justices had worked together in drafting the constitution and habitually lunched together. As a result of their closeness and the small number of cases heard, there were few dissents in the early years of the court. Deakin succeeded Barton as prime minister, but the government performed poorly at the December 1903 election . The hung parliament allowed Chris Watson and
14600-405: The inclusion of constitutional matters in section 76 rather than section 75 as "an odd fact of history". The 1998 Constitutional Convention recommended an amendment to the constitution to prevent the possibility of the jurisdiction being removed by Parliament. The word "matter" in sections 75 and 76 has been understood to mean that the High Court is unable to give advisory opinions. The court
14746-532: The inner city, living on Cumberland Street in The Rocks . He had a relatively comfortable upbringing, although his father faced financial difficulties on a number of occasions. To support the family during those periods, his mother ran a boarding school for girls. His parents were both highly literate, and his mother in particular "provided much of the direction and encouragement for Edmund's impressive academic achievement". Barton began his formal education at what
14892-643: The introduction of the White Australia Policy in his election campaign. Barton stated, "The doctrine of the equality of man was never intended to apply to the equality of the Englishman and the Chinaman". One notable reform was the introduction of women's suffrage for federal elections in 1902. Barton was a moderate conservative, and advanced liberals in his party disliked his relaxed attitude to political life. A large, handsome, jovial man, he
15038-433: The laws had that prohibited purpose. Gaudron J agreed with the majority that section 116 was directed to the purpose of the legislation, but that the purpose of the 1918 Ordinance could not be determined on the material before the High Court. Gummow J similarly left open the possibility that section 116 prohibited the use of concealed means or circuitous devices, but that would have to be established by evidence before
15184-414: The legality of the ordinance. In the High Court the plaintiffs argued that the ordinance was invalid because it The plaintiffs argument involved two propositions, that judicial power could only be exercised by a Chapter III Court , and that the removal and detention of people was exclusively a judicial power. That the federal judicial power could only be exercised by a court followed the 1915 decision of
15330-592: The lower house but also the upper house should be representative and that appeals to the Privy Council should be abolished. He also took part in producing a draft constitution, which was substantially similar to the Constitution of Australia enacted in 1900. Nevertheless, the protectionists were lukewarm supporters of federation and in June 1891, Barton resigned from the Council and stood for election to East Sydney and announced that "so long as Protection meant
15476-479: The majority in Farey v Burvett (1915), which saw the court adopt a broad view of the federal government's defence power . In Duncan v Queensland (1916), he and Isaacs were the only dissenters from the court's interpretation of section 92 of the constitution. With Griffith authoring the majority opinion, the court held that state governments could circumvent the constitution's free-trade provisions simply by banning
15622-476: The movement of goods across state boundaries. Barton expressed a "heavy sorrow" at the court's decision and Isaacs was highly critical. In 1920, after Barton's death, Isaacs led the court in reversing Duncan , in what became known as the Engineers' case . Along with Griffith, Barton was several times consulted by Governors-General of Australia on the exercise of the reserve powers . In 1919, although ill, he
15768-531: The need to apply Nauruan law and customary practice, and that special leave hearings were not required. Nauruan politicians had said publicly that the Nauru government was unhappy about these arrangements. Of particular concern was a decision of the High Court in October 2017, which quashed an increase in sentence imposed upon political protestors by the Supreme Court of Nauru. The High Court had remitted
15914-518: The new government was held at the purpose-built Federation Pavilion . The main focus was on Lord Hopetoun , Australia's first governor-general , who swore three separate oaths and read a message from Queen Victoria . Barton and his ministry only took oaths of allegiance, and were not formally sworn in to the Federal Executive Council until later in the afternoon. The events of the day were captured on film and distributed under
16060-411: The notion that legal equality might arise from the Constitution as a free agreement of the people; he noted that there was a degree of equality lacking, with regards to women and Aboriginals. In relation to the common law, even if there were a common law right of substantive equality, the Commonwealth parliament has the ability to usurp the common law otherwise its concurrent power will be less than that of
16206-402: The office of Attorney General, with the right of carrying out private practice as a lawyer. His agreement was based on Dibbs agreeing to support federal resolutions in the coming parliamentary session. His attempt to draft the federal resolutions was delayed by a period as acting Premier of New South Wales , during which he had to deal with the 1892 Broken Hill miners' strike and the carriage of
16352-460: The other colonies. However, only Victoria considered the proposal. At a Melbourne inter-colonial conference held in 1870, the idea of an inter-colonial court was again raised. A royal commission was established in Victoria to investigate options for establishing such a court, and a draft bill was put forward. This draft bill, however, completely excluded appeals to the Privy Council, causing
16498-422: The people of the Northern Territory, whether indigenous or not, could not vote at that time, freedom of movement did not apply to people in the Northern Territory. Gaudron J was the only judge to have held that any part of the 1918 Ordinance was invalid, holding that sections 6, 16 and 67(1)(c) were invalid as they were not necessary for the attainment of some overriding purpose. These were the sections that permitted
16644-520: The purpose of genocide nor that of restricting the practice of religion. The High Court unanimously held there was no separate action for a breach of any constitutional right. Indigenous Australians have lived in the Northern Territory for at least 40,000 years. In 1863 the Territory came under the control of South Australia which in 1910 passed the Northern Territory Aboriginals Act 1910 . The Act claimed to be for
16790-473: The removal of Indigenous children was not the exercise of judicial power and did not decide whether the separation of powers doctrine applied. Toohey J held that the proposition that the separation of powers doctrine extended to the territories was very persuasive, however his Honour did not determine the question on that basis because "judged by the values and standards prevailing at the time" the Ordinance had
16936-491: The right to vote, there was no right for freedom of movement to attach to. Gummow J took the narrowest interpretation, holding that there was not a right to freedom of movement and familial association, and even if such rights existed, the 1918 Ordinance did not infringe them. The Bringing Them Home report had found that the removal of Indigenous children was genocide , as defined in the Genocide Convention which
17082-623: The same circumstances as non-Indigenous children, however, the conditions of life for Indigenous people put them at greater risk of having their children removed on the ground of neglect or destitution. In 1971 97% of Territory children in foster care were Indigenous. In 1997 the Human Rights and Equal Opportunity Commission published the Bringing Them Home report on its inquiry into the separation of Aboriginal and Torres Strait Islander children from their families. The report made
17228-403: The section contains no restriction on legislative power, as the plaintiff argued. Gummow J agreed with this expansive interpretation of section 122. Section 116 of the Constitution states: The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as
17374-479: The states and the Commonwealth (" inter se " matters), except where the High Court certified it appropriate for the appeal to be determined by Privy Council. This occurred only once, and the High Court has said it would never again grant a certificate of appeal. No certificate was required to appeal constitutional cases not involving inter se matters, such as in the interpretation of section 92 (the freedom of inter-state commerce section). On non- inter se matters,
17520-414: The subsequent public controversy, George Reid censured Coulthard and absolved the crowd, while Barton defended Coulthard and did not spare the crowd. The publicity that attended the young Barton's presence of mind in defusing that situation reputedly helped him take his first step towards becoming Australia's first prime minister, winning a state lower house seat later that year. In 1876 Barton stood for
17666-499: The supreme court of an Australian state. Section 74 allowed parliament to prevent appeals to the Privy Council. It did so in 1968 with the Privy Council (Limitation of Appeals) Act 1968 , which closed off all appeals to the Privy Council in matters involving federal legislation. In 1975, the Privy Council (Appeals from the High Court) Act 1975 closed all routes of appeal from the High Court; excepting for those in which
17812-447: The territories were not part of the federal system that involved the distribution of powers between the Commonwealth and the States. Dawson J, McHugh J agreeing, held that section 122 of the Constitution permitted the Parliament to create courts that were not federal courts and not exercising federal jurisdiction. Dawson J doubted that the actions were of a judicial rather than an executive character. Toohey, Gaudron and Gummow JJ held that
17958-622: The text of the Constitution, Barton was the political leader who carried it through the Convention. In May 1897, Barton was appointed for the second time to the Legislative Council on Reid's recommendations to take charge of the federation bill in the Upper House. This gave Reid's Attorney-General, Jack Want , a free hand to oppose the bill. In September 1897, the convention met in Sydney to consider 286 proposed amendments from
18104-786: The times of year he found the weather most pleasant in each city. The tradition of special sittings remains to this day, although they are dependent on the court's caseload. There are annual sittings in Perth, Adelaide and Brisbane for up to a week each year, and sittings in Hobart occur once every few years. Sittings outside of these special occurrences are conducted in Canberra. The court's operations were marked by various anomalies during World War II . The Chief Justice, Sir John Latham , served from 1940 to 1941 as Australia's first ambassador to Japan; however, his activities in that role were limited by
18250-425: The title Inauguration of the Commonwealth , although the visibility of the leading participants is poor. The film has been described as Australia's first feature-length documentary. Barton had only been commissioned to form a government one week before he became prime minister, due to what became known as the " Hopetoun Blunder ". The new governor-general Lord Hopetoun arrived in Australia on 15 December 1900. He
18396-525: The unified jurisdiction of the British courts, and petitioned the conventions to that effect. Others argued that Australian judges were of a poorer quality than those of the English, and than the inevitable divergence in law that would occur without the oversight of the Privy Council; would put the legal system at risk. Some politicians (e.g. George Dibbs ) supported a retention of Privy Council supervision; whereas others, including Alfred Deakin , supported
18542-438: Was 'a problem' and to prevent the children from acquiring Aboriginal 'habits', culture and traditions. This argument was rejected by the High Court, with the majority, Brennan CJ, Dawson J, Toohey J, and Gummow J, holding section 116 was directed to the purpose of a law and not to the effect of the law, and that the challenged laws did not have the purpose of restricting the practise of religion. held that none of
18688-621: Was a "profound influence". Barton won scholarships in his second and third years. He graduated Bachelor of Arts in 1868 with first-class honours, and was awarded the equivalent of the University Medal as well as a prize of £20. He proceeded to Master of Arts by examination in 1870. Barton was a member of the Sydney University Cricket Club and a founding member of the Sydney Rowing Club . On
18834-514: Was an Australian statesman, barrister and jurist who served as the first prime minister of Australia from 1901 to 1903. He held office as the leader of the Protectionist Party , before resigning in 1903 to become a founding member of the High Court of Australia , on which he served until his death. Barton was highly regarded as one of the founding fathers and leaders of the Federation movement , and for his work in drafting and later interpreting
18980-475: Was assented to. But the nation lives, grows and expands. Its circumstances change, its needs alter, and its problems present themselves with new faces. [The High Court] enables the Constitution to grow and be adapted to the changeful necessities and circumstances of generation after generation that the High Court operates. Deakin's friend, painter Tom Roberts , who viewed the speech from the public gallery, declared it Deakin's " magnum opus ". The Judiciary Act 1903
19126-569: Was awarded a special prize by the university senate. Barton failed to win one of the three entrance scholarships to the University, owing to "an insufficiency of mathematics". At university, Barton specialised in classics but also studied English literature, mathematics, physics, and French. He became fluent in Ancient Greek and Latin, and retained a command of both later in life. A new professor, Charles Badham , arrived in 1867 and
19272-549: Was disliked by some of the colonies, and the bill was abandoned. The idea of a federal supreme court was raised during the Constitutional Conventions of the 1890s. A proposal for a supreme court of Australia was included in an 1891 draft. It was proposed to enable the court to hear appeals from the state supreme courts, with appeals to the Privy Council only occurring on assent from the British monarch . It
19418-767: Was extremely disappointed to be passed over for the position of Chief Justice on the retirement of Griffith. Barton died on 7 January 1920 from heart failure at the Hydro Majestic Hotel , Medlow Bath, New South Wales . He was interred in South Head General Cemetery in the Sydney suburb of Vaucluse (see Waverley Cemetery ). He was survived by his wife and six children: Barton's nephews via his older sister Harriet included Victorian federal MP Arthur Robinson and businessmen Lionel and William Sydney Robinson . Barton refused knighthoods in 1887, 1891 and 1899, but agreed to be appointed
19564-504: Was finally passed on 25 August 1903, and the first three justices, Chief Justice Sir Samuel Griffith and justices Sir Edmund Barton and Richard O'Connor , were appointed on 5 October of that year. On 6 October, the court held its first sitting in the Banco Court in the Supreme Court of Victoria . On 12 October 1906, the size of the High Court was increased to five justices, and Deakin appointed H. B. Higgins and Isaac Isaacs to
19710-476: Was fond of long dinners and good wine, and was given the nickname "Toby Tosspot" by The Bulletin . For much of 1902, Barton was in England for the coronation of King Edward VII , which was postponed from June to August, delaying Barton's return. Accompanying him on this trip was Sir John Forrest , Minister for Defence , and the trip was also used to negotiate the replacement of the naval agreements between
19856-439: Was named after Barton. The Division of Barton in New South Wales is named after him, as is Barton, Australian Capital Territory , a suburb of Canberra close to Capital Hill which is the location of many government departments and national institutions, and the headquarters of Australia's main political parties. The Edmund Barton Building is a government office building in that suburb. The Barton College of Deakin University
20002-487: Was not enough work for a federal court to make it viable. The then Attorney-General Alfred Deakin introduced the Judiciary Bill to the House of Representatives in 1902. Prior efforts had been continually delayed by opponents in the parliament, and the success of the bill is generally attributed to Deakin's passion and persistence. Deakin proposed that the court be composed of five judges, specially selected to
20148-427: Was not immediately established after Australia came into being. Some members of the first Parliament , including Sir John Quick , then one of the leading legal experts in Australia, opposed legislation to set up the court. Even H. B. Higgins , who was himself later appointed to the court, objected to setting it up, on the grounds that it would be impotent while Privy Council appeals remained, and that in any event there
20294-515: Was originally from Devon . They arrived in the Colony of New South Wales in 1827, and all but two of their children were born in Australia. William Barton worked variously as an accountant, bazaar proprietor, stockbroker, and real estate agent. His business ventures were not always successful, and he went bankrupt on one occasion. Barton spent his early years in Glebe, but in 1851 the family moved into
20440-460: Was proposed that the Privy Council be prevented from hearing appeals on constitutional matters. This draft was largely the work of Sir Samuel Griffith , then the Premier of Queensland . The attorney-general of Tasmania Andrew Inglis Clark also contributed to the constitution's judicial clauses. Clark's most significant contribution was to give the court its own constitutional authority, ensuring
20586-657: Was ranked second in cabinet after Barton, and O'Connor would become the inaugural Leader of the Government in the Senate . Only one change was made to the ministry prior to the election, necessitated by the death of James Dickson on 10 January. Barton took on the external affairs portfolio himself and conducted official business through the Department of External Affairs , as there was no prime minister's department until 1911. The first goal for Barton and his ministry
20732-401: Was ratified by Australia in 1949, but has not been implemented with legislation in Australia. Article 2 of the Genocide Convention defines genocide as acts committed with intent to destroy a national, ethnical, racial or religious group, including: (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. A majority of
20878-497: Was tasked by the Colonial Office with selecting someone to form a caretaker government prior to the first federal election; this individual would be Australia's first prime minister. It was widely assumed that Barton would be offered the position, and he had begun making preparations for the role, including a draft platform for the first federal elections. On 19 December, however, Hopetoun commissioned William Lyne to form
21024-478: Was the cost of appeals to the High Court. Nauru then exercised an option under its agreement with Australia to end its appellate arrangement with 90 days notice. The option was exercised on 12 December 2017 and the High Court's jurisdiction ended on 12 March 2018. The termination did not become publicly known until after the Supreme Court had reheard the case of the protesters and had again imposed increased sentences. Following Earl Grey 's 1846 proposal to federate
21170-446: Was the eleventh of twelve children born to Mary Louisa (née Whydah) and William Barton. He had seven sisters and four brothers, including the writer George Burnett Barton . Three of his siblings died during his childhood. His given name had not previously been used in the family, and may have been in honour of the recently deceased explorer Edmund Kennedy . Barton's parents were both born in London, England, although his father's family
21316-405: Was to retain office at the first federal elections , which were held in late March 1901. His old rival George Reid became the chief opponent of the government during the campaign and the de facto opposition leader . There were no national political parties in 1901, but most candidates self-declared as either protectionists or free-traders, following the primary divide in colonial politics. Reid,
#143856