Issues in Australian Foreign Policy: January to June 2002

No abstract

Re McBain; ex parte Australian Catholic Bishops Conference

The case of Re McBain; ex parte Australian Catholic Bishops Conference sought to make an order under s 76 of the Constitution that the decision of the Federal Court was incorrect in law - decision was made on the basis of constitutional and procedural issues - High Court consolidated the definition of 'matter' in sections 75 and 76 of the Constitution - writ of certiorari considered - role of the Attorney-General in proceedings in which he had granted a fiat - case reiterated the role of the judiciary in Australia.

Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd

Principle issues considered in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd - whether it was necessary to show a cause of action for an interlocutory injunction to be granted - whether a right to privacy existed - whether the ABC was protected in this case by an implied constitutional freedom - majority rejected a wide interpretation on grounds upon which an interlocutory injunction could be granted - recognition of the possibility of a tort of invasion of privacy under Australian law by five of the six judges.