Gleeson CJ, Hayne, Callinan JJ - Welcome Adelaide CER

Case

[1998] HCATrans 277


Details
AGLC Case Decision Date
Gleeson CJ, Hayne, Callinan JJ - Welcome Adelaide CER [1998] HCATrans 277 [1998] HCATrans 277

CaseChat Overview and Summary

This matter concerns the formal welcome extended to Chief Justice Gleeson, Justice Hayne, and Justice Callinan of the High Court of Australia by the legal profession of South Australia. The welcome was delivered by Mr J.M. Harley, President of the Law Society of South Australia, during the High Court's annual visit to the state.

The central issue before the court, as articulated by Mr Harley, was the role of the High Court in protecting citizens' rights against government overreach, particularly in the absence of a formal Bill of Rights in Australia. Mr Harley highlighted the public perception of judicial activism and the importance of the judiciary in adapting the common law to contemporary societal changes, referencing areas such as environmental law and the status of women. He expressed the legal profession's view of the High Court as a crucial safeguard against governmental tyranny.

In response, Chief Justice Gleeson, on behalf of the newly appointed Justices Hayne and Callinan, expressed gratitude for the welcome and the good wishes extended by the South Australian legal profession. He acknowledged the significant responsibility undertaken by the Justices and noted the encouragement such welcomes provide. The Chief Justice also reflected on the importance of a strong and competent legal profession to the adversarial system of justice, emphasising that the quality of arguments presented by lawyers is fundamental to the courts' ability to administer justice according to law.
Details

Areas of Law

  • Constitutional Law

  • Statutory Interpretation

Legal Concepts

  • Judicial Review

  • Standing

  • Procedural Fairness

  • Statutory Construction

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