High Court

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The recent High Court decision regarding native title rights in Western Australia has reminded governments that accepting coexistence might be wiser than insisting on extinguishment, writes Sean Brennan. 

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The High Court’s approach to decision-making underwent a major change in 2013, with a move away from the high levels of dissent seen in recent years to a more consensus outlook, an analysis has found. OPINION

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Australia's low key response to the judicial crisis in Nauru is untenable and could mean that asylum seekers will not have access to an independent justice system, writes George Williams. 

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The Coalition's plan for processing asylum seekers will be challenged in the courts and will likely fail, putting a future Coaliton government back at square one on asylum policy, argues George Williams. 

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The Federal Government can remove the legal risks facing the PNG plan by amending the Migration Act and legislating in breach of the refugee convention. But this may be a step too far for Parliament, writes George Williams. 

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Dyson Heydon insisted that "compromise is alien to the process of doing justice according to law". However, it would be surprising if this judicial individualism catches on, writes Andrew Lynch.

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The period of unanimous decision making in Australia's highest court is well and truly over with Justice Dyson Heydon cementing his place as the new Great Dissenter, a review of the High Court's 2012 record shows.

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The print media doesn't have a higher claim to freedom of speech than radio and television, which suggests that News Limited's challenge to new print media regulation has little chance of success, writes George Williams.

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Attorney-General Nicola Roxon will soon appoint two new justices to the High Court, and we should expect the unexpected, writes Andrew Lynch.

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The High Court's decision will force the federal government to reconsider what programs it funds and how it does so, writes George Williams.

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