The judgements of Justice Lionel Murphy
Type
Book
Authors
ISBN 10
0958949433
Category
Australia and New Zealand
[ Browse Items ]
Publication Year
1986
Publisher
Pages
xix, 332 pages
Subject
Australia
Abstract
"Member of High Court Bench; includes references to Aboriginal voting rights; protection of Aboriginal sites in Franklin Dam Case; authors statements from cases - Onus v Alcoa of Australia Ltd, Portland; Neal v Queen, Yarrabah, Koowarta v BjelkePeterson, and Racial Discrimination Act 1975, Archer River; Queen v Toohey (Kenbi, Cox Peninsula); Coe v Commonwealth; Veen v Queen." - Voila
Description
Contents:
Publisher's note -- A biographical note on Lionel Murphy -- Introduction -- Reader's guide -- Democracy and Fundamental Rights: 1. One vote, one vale - Only Mr Justice Murphy holds that the Constitution requires electorates or equal sizes -- 2. The Territory Senators Case - The Court splits four to three on whether the territories can be represented in the Senate -- 3. The Right to Vote - The High Court decides that Australians have no right to vote, Mr Justice Murphy dissents -- 4. Once an Immigrant, always an Immigrant? - Justice Murphy sees fundamental human rights as implied by the constitution -- 5. Freedom of Communication - Justice Murphy finds freedoms of communication and movement in 'the nature of our society' -- 6. Cruel and Unusual Punishment - Did Parliament really intend life imprisonment for aircraft hijacking to be automatic? -- 7. Freedom of Religion - The DOGS Case - only Mr Justice Murphy regards state aid to church schools as unconstitutional.
Trial By Jury: 8. The Right to Trial by Jury - Justice Murphy attacks the High Court's record of 'mocking' a basic constitutional right -- 9. The Subversion of Trial by Jury - Justice Murphy denounces the BLF Royal Commission as a danger to civil liberties -- 10. The Independence of Juries - Justice Murphy recalls the history of juries refusing to convict if the law is being used unjustly -- 11. The Presumption of Innocence - Lindy Chamberlain appeals against her conviction of murdering her daughter Azaria -- 12. The Dangers of Similar Fact Evidence - The reversal of Emily Perry's conviction of attempting to poison her husband -- 13. Provocation: Subjective or Objective? - Mick Joffa kills his wife under such provocation that murder is reduced to manslaughter.
Abuse of the Criminal Process: 14. Double Jeopardy - Running the Gauntlet - If the prosecution has had two chances to run a fair trial, is that enough? -- 15. Admissibility of Illegally Obtained Evidence - A magistrate rejects a breathalyzer text for an 'unconscious trick' -- 16. Disputed Confessions and Police Verbal - Interrogation under police custody; the Victorian six-hour rule and an unsigned record of interview -- Suppression of Evidence by the Prosecution - Peter Lawless fails to obtain a rehearing of his conviction for murder, even though evidence was concealed at his trial -- 18. The Dangers of Conspiracy Charges - Hoar's Case - the High Court unanimously condemns the unnecessary and undesirable use of conspiracy charges -- 19. Acquittal Equals Innocence - One conspirator is found guilty though the other was not guilty; Justice Murphy dissents -- 20. Whose Conspiracy? A Miscarriage of Justice - A police agent provocateur accuses the Ananda Marga of a murder conspiracy and the prosecution talks of the Hilton bombing -- 21. The Law is Not Concerned with Trifles - The Court refuses to find 'possession' of traces of cannabis in pocket fluff.
Use of the Legal System: 22. The Right to Counsel - Deserted by his barrister at the last moment, Brian McInnis faces a rape charge unrepresented -- 23. Freedom of Speech - Norm Gallagher claims victory in a class struggle and is gaoled for scandalizing the Federal Court -- 24. Standing to Litigate - The Australia Conservation Foundation is held to have no interest in an environmental case -- 25. Guardians of the Gournditch-Jmara - Members of an Aboriginal tribe are held to have an interest in their tribal relics -- 26. Racism in the Criminal Justice System - A Queensland court sentences an Aboriginal to six month's' gaol for spitting -- 27. The Anachronism of Civil Death - A death sentence in 1950 is held to bar Darcy Dugan from suing for libel in 1978.
Federalism: 28. External Affairs: - John Koowarta invokes the Commonwealth's Racial Discrimination Act against the State of Queensland -- 29. The Franklin Dam Case-A 1972 UNESCO - Convention enables the Commonwealth government to stop a Tasmanian dam -- 30. The Commerce Power-Ansett Airlines argues that TAA flights from Perth to Darwin cannot set down at Port Headland -- 31. Commonwealth and State Law in Conflict - Does dismissal of a temporary ABC employee fall under State industrial law?
The Separation of Powers: 32. The Limits of Judicial Power - Was the town of Darwin expanded from 142 sq km to 4350 sq km merely to defeat an Aboriginal land rights claim? -- 33. The Courts and Cabinet Responsibility - Justice Murphy sees no room for judges to investigate State Cabinet decisions -- 34. Decolonization as a Public Purpose - The Commonwealth seeks to promote decolonization of the Cocos Islands by acquiring John Clunies-Ross's home.
Free Trade and Excise: 35. Freedom of Interstate Trade - Justice Murphy condemns use of the Constitution to 'veto' State and federal trading laws -- 36. Supervising the National Economy - Still denying and 'super-legislative role', Justice Murphy offers to compromise -- 37. Duties of Excise - A South Australian petrol licensing fee survives challenge, but a Queensland stock levy does not -- 38. The Pipeline Tax - Victoria is not allowed to levy a fee of 10 million dollars on a pipeline for Bass Strait oil and gas
Tax Avoidance: 39. An Impudent Tax Avoidance Scheme - A two-cent company claims 'public' status to avoid tax on its accumulated dividends -- 40. A Mockery of Legislative Intent - Justice Murphy argues that literalism in income tax law ignores economic reality -- 41. A Tax Avoidance Device for Lawyers Only - A solicitor treats his earnings as 'property income' assigned to his wife -- 42. An Open Invitation to Tax Avoidance - Justice Murphy rejects Sir Garfield Barwick's defence of income tax literalism -- 43. Transfer Pricing and Tax Avoidance - Justice Murphy explores the international political economy of aluminium.
Marriage and the Family: 44. A Tax on Divorce - A majority disallows exemption from State stamp duty transfers ordered by the Family Court -- 45. Custody of State Wards - The majority disallows a provision for the Family Court to decide the custody of State wards -- 46. A Child in the Household - The majority denies Family Court jurisdiction to make a custody order, since a boy who lives with his grandmother is not 'a child of her marriage' -- 47. The 'Mother' Principle - Mr Justice Murphy seeks evidence to help reassess the preference for mothers in custody cases.
Industrial Arbitration: 48. A Standard Lygon Street Log - A trade union is criticized by employers for being ambiguous, indefinite, and uncertain -- 49. When is an Industry Not an Industry? Justice Murphy rejects the exclusion of teachers and firemen from 'industry' -- 50. Technological Change and Industrial Serfdom - The phasing in of word processors is recognized as an industrial matter -- 51. The Dimensions of Demarcation Disputes - The BLF claims the Loy Yang power station dispute is only a local matter.
Damages for Personal Injuries: 52. Enterprise Liability - Who's in Charge? Liability for work injury goes beyond employment relations -- 53. Judges and the Road Toll- Mr Justice Murphy blames the courts for obscuring the social costs of the road toll -- 54. Marriage and Earning Capacity - For Justice Murphy a woman's marriage prospects are irrelevant to her earning capacity -- 55. The Balance of Probabilities - When a semitrailer and a van collide, and both drivers are killed, how can the courts determine liability? -- 56. Liability for a Vacant Lot - Who is responsible for injury caused by neglect of a derelict city block? -- 57. Animals on the Highway - Should a farmer whose sheep wander onto the roadway and cause a fatal accident be exempt from ordinary negligence law?
The British Connection: 58. British Law in Australia - Do British laws limiting damages for injury on board ship apply to an Australian ship moored in Sydney harbour? -- 59. The China Ocean Case - Justice Murphy again insists that British laws ceased to apply in Australia in 1901 -- 60. The Ultimate Australian Tribunal - The High Court liberates itself from 'binding' Privy council decisions, and explores the results for State Courts. Notes on other important cases -- About the Editors -- List of High Court Cases in the book -- List of Cases referred to.
Publisher's note -- A biographical note on Lionel Murphy -- Introduction -- Reader's guide -- Democracy and Fundamental Rights: 1. One vote, one vale - Only Mr Justice Murphy holds that the Constitution requires electorates or equal sizes -- 2. The Territory Senators Case - The Court splits four to three on whether the territories can be represented in the Senate -- 3. The Right to Vote - The High Court decides that Australians have no right to vote, Mr Justice Murphy dissents -- 4. Once an Immigrant, always an Immigrant? - Justice Murphy sees fundamental human rights as implied by the constitution -- 5. Freedom of Communication - Justice Murphy finds freedoms of communication and movement in 'the nature of our society' -- 6. Cruel and Unusual Punishment - Did Parliament really intend life imprisonment for aircraft hijacking to be automatic? -- 7. Freedom of Religion - The DOGS Case - only Mr Justice Murphy regards state aid to church schools as unconstitutional.
Trial By Jury: 8. The Right to Trial by Jury - Justice Murphy attacks the High Court's record of 'mocking' a basic constitutional right -- 9. The Subversion of Trial by Jury - Justice Murphy denounces the BLF Royal Commission as a danger to civil liberties -- 10. The Independence of Juries - Justice Murphy recalls the history of juries refusing to convict if the law is being used unjustly -- 11. The Presumption of Innocence - Lindy Chamberlain appeals against her conviction of murdering her daughter Azaria -- 12. The Dangers of Similar Fact Evidence - The reversal of Emily Perry's conviction of attempting to poison her husband -- 13. Provocation: Subjective or Objective? - Mick Joffa kills his wife under such provocation that murder is reduced to manslaughter.
Abuse of the Criminal Process: 14. Double Jeopardy - Running the Gauntlet - If the prosecution has had two chances to run a fair trial, is that enough? -- 15. Admissibility of Illegally Obtained Evidence - A magistrate rejects a breathalyzer text for an 'unconscious trick' -- 16. Disputed Confessions and Police Verbal - Interrogation under police custody; the Victorian six-hour rule and an unsigned record of interview -- Suppression of Evidence by the Prosecution - Peter Lawless fails to obtain a rehearing of his conviction for murder, even though evidence was concealed at his trial -- 18. The Dangers of Conspiracy Charges - Hoar's Case - the High Court unanimously condemns the unnecessary and undesirable use of conspiracy charges -- 19. Acquittal Equals Innocence - One conspirator is found guilty though the other was not guilty; Justice Murphy dissents -- 20. Whose Conspiracy? A Miscarriage of Justice - A police agent provocateur accuses the Ananda Marga of a murder conspiracy and the prosecution talks of the Hilton bombing -- 21. The Law is Not Concerned with Trifles - The Court refuses to find 'possession' of traces of cannabis in pocket fluff.
Use of the Legal System: 22. The Right to Counsel - Deserted by his barrister at the last moment, Brian McInnis faces a rape charge unrepresented -- 23. Freedom of Speech - Norm Gallagher claims victory in a class struggle and is gaoled for scandalizing the Federal Court -- 24. Standing to Litigate - The Australia Conservation Foundation is held to have no interest in an environmental case -- 25. Guardians of the Gournditch-Jmara - Members of an Aboriginal tribe are held to have an interest in their tribal relics -- 26. Racism in the Criminal Justice System - A Queensland court sentences an Aboriginal to six month's' gaol for spitting -- 27. The Anachronism of Civil Death - A death sentence in 1950 is held to bar Darcy Dugan from suing for libel in 1978.
Federalism: 28. External Affairs: - John Koowarta invokes the Commonwealth's Racial Discrimination Act against the State of Queensland -- 29. The Franklin Dam Case-A 1972 UNESCO - Convention enables the Commonwealth government to stop a Tasmanian dam -- 30. The Commerce Power-Ansett Airlines argues that TAA flights from Perth to Darwin cannot set down at Port Headland -- 31. Commonwealth and State Law in Conflict - Does dismissal of a temporary ABC employee fall under State industrial law?
The Separation of Powers: 32. The Limits of Judicial Power - Was the town of Darwin expanded from 142 sq km to 4350 sq km merely to defeat an Aboriginal land rights claim? -- 33. The Courts and Cabinet Responsibility - Justice Murphy sees no room for judges to investigate State Cabinet decisions -- 34. Decolonization as a Public Purpose - The Commonwealth seeks to promote decolonization of the Cocos Islands by acquiring John Clunies-Ross's home.
Free Trade and Excise: 35. Freedom of Interstate Trade - Justice Murphy condemns use of the Constitution to 'veto' State and federal trading laws -- 36. Supervising the National Economy - Still denying and 'super-legislative role', Justice Murphy offers to compromise -- 37. Duties of Excise - A South Australian petrol licensing fee survives challenge, but a Queensland stock levy does not -- 38. The Pipeline Tax - Victoria is not allowed to levy a fee of 10 million dollars on a pipeline for Bass Strait oil and gas
Tax Avoidance: 39. An Impudent Tax Avoidance Scheme - A two-cent company claims 'public' status to avoid tax on its accumulated dividends -- 40. A Mockery of Legislative Intent - Justice Murphy argues that literalism in income tax law ignores economic reality -- 41. A Tax Avoidance Device for Lawyers Only - A solicitor treats his earnings as 'property income' assigned to his wife -- 42. An Open Invitation to Tax Avoidance - Justice Murphy rejects Sir Garfield Barwick's defence of income tax literalism -- 43. Transfer Pricing and Tax Avoidance - Justice Murphy explores the international political economy of aluminium.
Marriage and the Family: 44. A Tax on Divorce - A majority disallows exemption from State stamp duty transfers ordered by the Family Court -- 45. Custody of State Wards - The majority disallows a provision for the Family Court to decide the custody of State wards -- 46. A Child in the Household - The majority denies Family Court jurisdiction to make a custody order, since a boy who lives with his grandmother is not 'a child of her marriage' -- 47. The 'Mother' Principle - Mr Justice Murphy seeks evidence to help reassess the preference for mothers in custody cases.
Industrial Arbitration: 48. A Standard Lygon Street Log - A trade union is criticized by employers for being ambiguous, indefinite, and uncertain -- 49. When is an Industry Not an Industry? Justice Murphy rejects the exclusion of teachers and firemen from 'industry' -- 50. Technological Change and Industrial Serfdom - The phasing in of word processors is recognized as an industrial matter -- 51. The Dimensions of Demarcation Disputes - The BLF claims the Loy Yang power station dispute is only a local matter.
Damages for Personal Injuries: 52. Enterprise Liability - Who's in Charge? Liability for work injury goes beyond employment relations -- 53. Judges and the Road Toll- Mr Justice Murphy blames the courts for obscuring the social costs of the road toll -- 54. Marriage and Earning Capacity - For Justice Murphy a woman's marriage prospects are irrelevant to her earning capacity -- 55. The Balance of Probabilities - When a semitrailer and a van collide, and both drivers are killed, how can the courts determine liability? -- 56. Liability for a Vacant Lot - Who is responsible for injury caused by neglect of a derelict city block? -- 57. Animals on the Highway - Should a farmer whose sheep wander onto the roadway and cause a fatal accident be exempt from ordinary negligence law?
The British Connection: 58. British Law in Australia - Do British laws limiting damages for injury on board ship apply to an Australian ship moored in Sydney harbour? -- 59. The China Ocean Case - Justice Murphy again insists that British laws ceased to apply in Australia in 1901 -- 60. The Ultimate Australian Tribunal - The High Court liberates itself from 'binding' Privy council decisions, and explores the results for State Courts. Notes on other important cases -- About the Editors -- List of High Court Cases in the book -- List of Cases referred to.
Biblio Notes
Notes:
Includes bibliographical references and index.
Items in the Australia category are organized by category code and then by publisher, author, then date.
Includes bibliographical references and index.
Items in the Australia category are organized by category code and then by publisher, author, then date.
Number of Copies
1
