Just Cases Monash Law

Outrage over a federal government decision to put religious chaplains in government schools made headlines at the time for being a fight over the separation of church and state. But the real High Court case was about much more - and it has the potential to upend the way the entire federal government functions.Court cases: - Williams v Commonwealth of Australia [2012] HCA 23 (20 June 2012) http://www6.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2012/23.html - Williams v Commonwea...

1968 seems a lifetime ago. It was a defining year of the 20th century. 1968 is also the year that a Japanese professional boxer was sentenced to death for murder. Remarkably, he remains on death row to this day. The case of Iwao Hakamada has exposed questionable police practices, a forced confession and a bombshell claim from one of the judges who sentenced him.

A newly-elected Australian government is concerned about a growing Communist influence in Australia. The scene is set for a major High Court case. Court case: Australian Communist Party v Commonwealth ("Communist Party case") [1951] HCA 5; (1951) 83 CLR 1 (9 March 1951)Read judgment: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1951/5.html

What is the rule of law?  What is executive power? How do we hold power to account? Are our legal institutions and protections still relevant these days? The pandemic has upended a lot of things we take for granted. Is it time we rethink how our society organises itself?We’re bringing you some of the best court cases that have shaped society - and that could provide a way forward for the future.

How does Australian law protect the beliefs and religious practices of witches, conjurers and fortune-tellers? A High Court case from the 1930s could provide the answers. There’s a big debate about religious freedom in Australia after the federal government announced plans to introduce new federal religious discrimination laws. Most of the coverage of the religious freedom debate focuses on protecting the major religions, most notably Christianity. But there’s some religious g...

“There’s a saying in law that hard cases make bad law,” says Dr Colin Campbell. “Judges will sometimes do what they think is right in a particular case, but in doing that they will muck up the law." Numerous inquiries have uncovered widespread discrimination and exclusion against children at government schools around Australia. While state-run education departments are tasked with the responsibility of fixing this problem, there’s another institution in our society that has a major role ...