93-588: Prime Minister of Australia First term of government (1939–1941) Second term of government (1949–1966) Ministries Elections [REDACTED] On 22 September 1951, a referendum was held in Australia which sought approval to alter the Australian Constitution to give Parliament the power to make laws regarding communism and communists, so that the Parliament would be empowered to instate
186-529: 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
279-627: 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
372-763: A citizen militia organised for local defence. Troubled by Britain's failure to increase defences at Singapore, Menzies was cautious in committing troops to Europe. In 1940–41, Australian forces played prominent roles in the fighting in the Mediterranean theatre , including Operation Compass , the Siege of Tobruk , the Greek campaign , the Battle of Crete , the Syria-Lebanon campaign and the Second Battle of El Alamein . A special War Cabinet
465-595: 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
558-569: A growing communist threat in the wake of World War II. On 27 June 1949, coal miners went out on strike, supported by the Communist Party and various unions. Bargaining quickly broke down between the unions and government and on 1 August, Prime Minister Chifley sent in troops from the Australian Armed Forces to run the mines until the dispute was resolved. By its fourth day, the Sydney docks were congested with coal ships unable to leave
651-585: A heavy defeat and Menzies re-entered coalition negotiations with the Country Party. In March 1940, troubled negotiations were concluded with the Country Party to re-enter Coalition with the UAP. The replacement of Earl Page as leader by Archie Cameron allowed Menzies to reach accommodation. A new Coalition ministry was formed including the Country Party's Archie Cameron, Harold Thorby and John McEwen , as well as junior ministers Arthur Fadden and Horace Nock. In Europe,
744-427: A law cannot be made to depend on the opinion of the law-maker, or the person who is to do the act, that the law or the consequence of the act is within the constitutional power upon which the law in question itself depends for its validity. A power to make laws with respect to lighthouses does not authorize the making of a law with respect to anything which is, in the opinion of the law-maker, a lighthouse. A power to make
837-1226: A law made under either of the last two preceding paragraphs. (3.) In this section, 'the Communist Party Dissolution Act 1950' means the proposed law passed by the Senate and the House of Representatives, and assented to by the Governor-General on the twentieth day of October, One thousand nine hundred and fifty, being the proposed law entitled 'An Act to provide for the Dissolution of the Australian Communist Party and of other Communist Organizations, to disqualify Communists from holding certain Offices, and for purposes connected therewith'. Menzies government (1939%E2%80%931941) Prime Minister of Australia First term of government (1939–1941) Second term of government (1949–1966) Ministries Elections [REDACTED] The Menzies government (1939–1941) refers to
930-709: A law similar to the Communist Party Dissolution Act of 1950. It was not carried. After World War II, membership of the Communist Party of Australia had peaked at around 20,000 and Fred Paterson had won the seat of Bowen in the 1944 Queensland state election . Communists became prominent in trade unions as well as cultural and literary circles. Following the attempted nationalisation of the Australian Banks in 1948, Opposition Leader Robert Menzies became concerned that communist ideas were infiltrating
1023-410: A matter dealt with by that Act or with respect to some other matter with respect to which the Parliament has power to make laws; ( b ) to make laws amending the law made under the last preceding paragraph, but so that any such amendment is with respect to a matter dealt with by that law or with respect to some other matter with respect to which the Parliament has power to make laws; and ( c ) to repeal
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#17330847413021116-621: 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,
1209-495: A police state in Australia. Menzies' speeches were often interrupted by the No campaign's hecklers, although Menzies claimed to have been happy with the uproar because it demonstrated the communists' "disrespect for liberal norms". Some Liberal party members and non-affiliated conservatives also supported the No campaign, which undermined Menzies efforts to convince the public that this was a necessary measure. Despite this, seven weeks before
1302-532: A proclamation carrying legal consequences with respect to a lighthouse is one thing: a power to make a similar proclamation with respect to anything which in the opinion of the Governor-General is a lighthouse is another thing. A referendum was called on 23 August 1951, which sought to insert a clause into the constitution that empowered the Federal Parliament make laws in reference to communism and communists. Newspaper editorials were overwhelmingly in favour of
1395-538: 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
1488-587: A response to the more radical proposals of Labor Party members to deal with the Great Depression. Led by former Labor minister and fiscal conservative Joseph Lyons , the new party swept into office in 1931 against the Australian Labor Party led by James Scullin . Labor had split over the issue of economic policy, with Lang Labor seeking to cease overseas debt repayments. Lyons served seven years as prime minister, overseeing Australia's recovery from
1581-518: A result, Australia is also at war. Australia had entered World War II . Earle Page , as leader of the Country and John Curtin as leader of the Labor Party both pledged support to the declaration of war. Australia was ill-prepared for war. A National Security Act was passed. The recruitment of a volunteer military force for service at home and abroad was announced, the 2nd Australian Imperial Force , and
1674-592: 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
1767-537: 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
1860-589: A union. The Communist Party of Australia was declared an unlawful organisation and was dissolved, its property forfeited to the Commonwealth without compensation. Affiliated organisations were also liable to be declared unlawful, at the discretion of the Governor-General. Immediately following the passage of the Act, a challenge was filed in the High Court . The case was heard beginning on 14 November 1950 by all seven judges of
1953-479: Is "engaged, or is likely to engage, in activities prejudicial to the security and defence of the Commonwealth or to the execution or maintenance of the Constitution or of the laws of the Commonwealth". Such persons were not allowed to be employed by the Commonwealth in public service, or in industries considered vital to the defence of Australia. They were not permitted to run for office and were prohibited from joining
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#17330847413022046-425: Is one of the labours of Hercules ". The 'Constitutional Alteration (Power to deal with Communists and Communism) 1951' proposed to insert into the constitution after section 51 the following text. 51A.--(1.) The Parliament shall have power to make such laws for the peace, order and good government of the Commonwealth with respect to communists or communism as the Parliament considers to be necessary or expedient for
2139-651: The Phoney War gave way to a succession of Allied defeats, as Germany overran the Low Countries , Norway and France. By June 1940, the British Empire stood alone against Germany. Menzies called for an 'all in' war effort and with the support of Curtin, amended the National Security Act to extend government powers to tax, acquire property, control businesses and the labour force and allow for conscription of men for
2232-600: 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
2325-614: The Great Depression . Defence issues became increasingly dominant in public affairs with the rise of Fascism in Europe and militant Japan in Asia. Lyons negotiated a coalition with the Country Party, led by Earle Page, following the 1934 election, however the parties continued to differ on some questions of economic policy: the Country Party wanted low tariffs and opposed introduction of a national unemployment insurance scheme. On 7 April 1939, with
2418-503: The Labor Party . A Queensland rail strike in that same year cemented that idea. Menzies vowed that if elected he would outlaw communism. In the 1949 general election , the newly formed Liberal Party campaigned on a strongly anti-communist, anti-interventionist platform, which targeted the Labor government 's attempt to nationalise banking in Australia, as well as what Menzies considered to be
2511-484: 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
2604-468: 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 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
2697-449: 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
2790-468: The "defence of Australia". Essington Lewis, the head of BHP was appointed Director-General of Munitions Supply to assist with mobilisation of national resources. With the 1940 election looming, Menzies lost his Chief of the General Staff and three loyal ministers in a Royal Australian Airforce crash at Canberra airport. In response, Menzies recalled Harold Holt , a minister who had resigned to join
2883-476: 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 a chief justice , currently Stephen Gageler . Justices of the High Court are appointed by the governor-general on the formal advice of
1951 Australian Communist Party ban referendum - Misplaced Pages Continue
2976-666: The Australian way of life. In December 1949, the Liberal Party with Robert Menzies as Prime Minister won a majority in the House of Representatives with 74 of 121 seats. On 23 June 1950, the Communist Party Dissolution Bill 1950 (Cth) was introduced. In his speech introducing the Bill, PM Menzies read out the names of 53 members of the Communist Party of Australia, referring to them as a "traitorous minority" which threatened
3069-662: The Coalition stayed in office for a record 23 years. 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 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
3162-448: The Country Party as prime minister, before the independents switched allegiance. On 3 October, the independents, Coles and Wilson, voted with Labor to defeat the government. John Curtin was sworn in as prime minister on 7 October 1941. Eight weeks later, Japan attacked Pearl Harbor . The UAP disintegrated after suffering a heavy defeat in the 1943 election . Menzies called a conference of conservative parties and other groups opposed to
3255-527: 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 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
3348-506: The High Court is now well established; the Australian Law Reform Commission has described 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
3441-460: The High Court is unable to give advisory opinions. The court 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
3534-588: 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
3627-461: The High Court. The question was whether the federal government had the power to pass this law under the Section 51(vi) of the Constitution of Australia (also known as the defence power ). Section 51(vi) of the Constitution gives the Parliament power to make laws in regard to "the naval and military defence of the Commonwealth and of the several States, and the control of the forces to execute and maintain
3720-416: The House floor contained errors. Amendments were proposed that removed this power, but the Labor Party later withdrew its opposition and the Bill passed the Senate without amendments on 19 October 1950. It was brought into effect as the Communist Party Dissolution Act 1950 (Cth) on 20 October 1950. The Act authorised the Governor-General to declare any person a communist, where they are satisfied that person
3813-717: The Labor parties won 36 seats each and the Menzies government was forced to rely upon the support of two independents, Alex Wilson and Arthur Coles, to continue in office. Menzies proposed an all-party unity government to break the impasse, but the Labor Party refused to join. John Curtin agreed instead to take a seat on a newly created Advisory War Council in October 1940. New Country Party leader Arthur Fadden became Treasurer and Menzies unhappily conceded to allow Earle Page back into his ministry. In January 1941, Menzies flew to Britain to discuss
1951 Australian Communist Party ban referendum - Misplaced Pages Continue
3906-535: The Pacific ;– established independent embassies in Tokyo and Washington to receive independent advice about developments. On 3 September 1939, the prime minister, Robert Menzies , made a national radio broadcast: My fellow Australians. It is my melancholy duty to inform you, officially, that, in consequence of the persistence by Germany in her invasion of Poland , Great Britain has declared war upon her, and that, as
3999-510: 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
4092-418: 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
4185-553: The United Kingdom's Privy Council were 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
4278-470: The United States, addressing the Canadian parliament and lobbying President Roosevelt for more arms production. After four months, Menzies returned to Australia to face a lack of enthusiasm for his global travels and a war-time minority government under ever-increasing strain. In Menzies' absence, John Curtin had co-operated with Deputy Prime Minister Arthur Fadden of the Country Party in preparing Australia for
4371-648: The War Cabinet ;– but this time the Labor caucus refused to support the plan. Menzies announced to his Cabinet that he thought he should resign and advise the Governor General to invite John Curtin to form a government. The Cabinet instead insisted he approach Curtin again to form a war cabinet. Unable to secure Curtin's support, and with an unworkable parliamentary majority, Menzies then resigned as prime minister on 29 August 1941. The UAP-Country Party Coalition held office for another month with Arthur Fadden of
4464-438: The absence of a UAP deputy, the Governor-General, Lord Gowrie , appointed Country Party leader Earl Page as his temporary replacement, pending the selection of Lyons' successor by the UAP. The Country Party under Earle Page announced that they would refuse to work in coalition under a Menzies-led government. The UAP selected Menzies to succeed Lyons regardless. Robert Menzies was sworn in as Prime Minister of Australia for
4557-622: The army. The Labor Party meanwhile experienced a split along pro and anti Communist lines over policy towards the Soviet Union for its co-operation with Nazi Germany in the invasion of Poland. The Communist Party of Australia (CPA) opposed and sought to disrupt Australia's "imperialist" war effort against Nazism in the early stages of the War. Menzies banned the CPA after the Fall of France in 1940, but by 1941 Stalin
4650-451: The ballot, the ban was supported by 73.3% percent of respondents in a Gallup Poll. The reason behind the Gallup support plummeting for Yes has been estimated to have been especially middle class Liberal voters slipping away from the Coalition position, whereas Labor kept their ranks better. Bi-partisan support was usually required for constitutional amendments to pass in Australia. The referendum
4743-455: The ban with 12 editorials in support, two papers not taking a stance ( Daily Mirror and Daily News ), and just one newspaper against it ( The Argus ). The Labor party had decided to campaign for a No vote despite supporting the Bill through the senate the previous year. Opposition Leader HV Evatt held more speeches than Menzies and started campaigning earlier, campaigning vigorously against what he perceived as Menzies' attempt to establish
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#17330847413024836-534: 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
4929-475: 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
5022-633: 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
5115-465: 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
5208-431: 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 is divided in its exercise between constitutional and federal cases which loom so largely in
5301-426: 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
5394-471: 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
5487-467: The defence or security of the Commonwealth or for the execution or maintenance of this Constitution or of the laws of the Commonwealth. (2.) In addition to all other powers conferred on the Parliament by this Constitution and without limiting any such power, the Parliament shall have power--- ( a ) to make a law in the terms of the Communist Party Dissolution Act 1950-- (i) without alteration; or (ii) with alterations, being alterations with respect to
5580-457: 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
5673-407: 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
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#17330847413025766-403: 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
5859-420: The expected Pacific War . With the threat of Japan imminent and with the Australian Army suffering badly in the Greek and Crete campaigns, Menzies reorganised his ministry and announced multiple multi-party committees to advise on war and economic policy. Government critics however called for an all-party government. In August, Cabinet decided that Menzies should travel back to Britain to represent Australia in
5952-415: The federal executive government of Australia led by Prime Minister Robert Menzies . Menzies led the United Australia Party in the Australian Parliament from 1939 to 1941. Menzies served a later and longer term as prime minister as leader of a successor party, the Liberal Party of Australia from 1949 to 1966 (see Menzies government (1949–1966) ). The United Australia Party (UAP) was formed in 1931 as
6045-413: The first time on 26 April 1939, following the death of Joseph Lyons. He led a minority United Australia Party government – Country Party leader Earle Page had temporarily been Prime Minister after the death of Lyons, but he refused to serve in a government led by Menzies, and withdrew the support of the Country Party from coalition with the UAP. In addition to the office of Prime Minister, Menzies
6138-449: The hearing of an appeal. Special leave may only be granted where 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
6231-473: 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 the construction of a purpose-built High Court building , located in the Parliamentary Triangle and overlooking Lake Burley Griffin . Sittings of
6324-440: The laws of the Commonwealth". The Commonwealth claimed that the Act was valid under this power because communists presented a real threat to Australian security, as revolution was a central theme of marxism. On 19 March 1951, the Court ruled 6:1 ( Latham CJ dissenting) that the Act was invalid. In his opinion, Fullagar J summarised the position of the majority writing, The validity of a law or of an administrative act done under
6417-416: 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
6510-404: 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
6603-437: The port, the loading of ships being severely delayed by restricted transport. By 1 July the government was examining the possibility of importing coal from Britain. The strike lasted over 6 weeks, until 15 August. Later that year, PM Chifley also brought in legislation to begin the rationing of petrol. Both of these events became key issues in the 1949 federal election campaign. During the campaign, Menzies asserted that socialism
6696-626: 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 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
6789-504: The respective powers of 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,
6882-697: The ruling Australian Labor Party which met in Canberra on 13 October 1944, and again in Albury in December 1944. The formation of a new party – the Liberal Party of Australia – was formally announced at Sydney Town Hall on 31 August 1945. After an initial loss to Labor at the 1946 election , Menzies led the Liberals to victory at the 1949 election against the incumbent Labor government led by Ben Chifley , and
6975-433: The security of the nation. The Bill passed the House of Representatives, but struggled to pass the Senate, which had a Labor party majority. Labor senators agreed that the Communist Party should be dissolved, but held reservations about allowing the Governor-General to 'declare' people communists. These reservations were especially strong after Menzies admitted that the names of Communist Party members which had been read out on
7068-575: The storm clouds of the Second World War gathering in Europe and the Pacific, Joseph Lyons became the first Prime Minister of Australia to die in office, suffering a heart attack. The UAP's Deputy leader, Robert Menzies, now openly antipathetic to Country Party leader Earle Page, had resigned in March, citing the coalition's failure to implement a plan for national insurance as the cause for his resignation. In
7161-547: 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
7254-722: 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
7347-520: 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
7440-519: The weakness of Singapore's defences and sat with Winston Churchill 's British War Cabinet . En route he inspected Singapore's defences – finding them alarmingly inadequate – and visited Australian troops in the field Mid-East. Menzies was well received by the British press. He at times clashed with Churchill in the War Cabinet, and sought assurances for Australian involvement in the Greek campaign. He
7533-613: Was Treasurer. The First Menzies Ministry included the ageing former Prime Minister Billy Hughes and the young future Prime Minister Harold Holt . Menzies tried and failed to have the issue of national insurance examined by a committee of parliamentarians. Though no longer in formal coalition, his government survived because the Country Party preferred a UAP government to that of a Labor government. The growing threat of war dominated politics through 1939. Menzies supported British policy against Hitler's Germany (negotiate for peace, but prepare for war) and – fearing Japanese intentions in
7626-475: 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
7719-408: Was created after war was declared – initially composed of Prime Minister Menzies and five senior ministers ( RG Casey , GA Street, Senator McLeay, HS Gullet and World War I Prime Minister Billy Hughes ). In January 1940, Menzies dispatched potential leadership rival Richard Casey to Washington as Australia's first "Minister to the United States". In a consequent by-election, the UAP suffered
7812-533: 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
7905-498: 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
7998-617: Was forced to join the Allied cause when Hitler reneged on the Pact and invaded the USSR. The USSR came to bear the brunt of the carnage of Hitler's war machine and the Communist Party in Australia lost its early war stigma as a result. In Menzies' later term of office, anti-communism became an important plank of his foreign policy. Labor narrowly lost the September 1940 Election. The UAP–Country Party coalition and
8091-401: Was held on 22 September 1951. The question which appeared on the ballot was: Do you approve of the proposed law for the alteration of the Constitution entitled 'Constitution Alteration (Powers to deal with Communists and Communism) 1951'? The referendum was not carried. Reflecting on the outcome, Menzies remarked "to get an affirmative vote from the Australian people on a referendum proposal
8184-527: 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
8277-427: 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
8370-455: 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
8463-403: Was the "outstanding issue" of the day. He accused the Labor Party of having communist leanings, citing as proof its banking legislation and regulation in other areas of the economy. "A vote for Labor," he suggested, "is a vote for the socialist objective". Socialism was, according to Menzies, detrimental to the freedom and prosperity of the nation, and to be considered a real and prominent threat to
8556-478: 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
8649-561: Was unable to achieve significant assurances for increased commitment to Singapore's defences, but undertook morale boosting excursions to war-affected cities and factories. He spent eight successive weekend at Chequers with Churchill, addressed Parliament, stayed with the King, visited Dublin to lobby Ireland to join the war effort and generally raised awareness in Britain of Australia's contribution to its war effort. He returned to Australia via Canada and
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