find the latest legal job
Senior Associate - Competition, Policy & Regulatory
Category: Other | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Work with a well regarded Partner · Sydney CBD
View details
Commercial Litigation Senior Associate
Category: Litigation and Dispute Resolution | Location: Sydney CBD, Inner West & Eastern Suburbs Sydney NSW
· Lawyers Weekly Australia Partner of the Year 2016, Insolvency
View details
MULTIPLEX Regional Legal Counsel (Vic) | 7 to 10 years + PQE
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Career defining in-house role · Tier One international contractor
View details
Junior Lawyer - Personal Injury Law
Category: Personal Injury Law | Location: Parramatta & Western Suburbs Sydney NSW
· Highly specialized practice · Challenging role with great opportunities
View details
IR Advisor/Member Advocate
Category: Industrial Relations and Employment Law | Location: St Leonards NSW 2065
· Permanent (0.8-1.0 FTE) role in a developing team
View details
PM defends High Court comments

PM defends High Court comments

Prime Minister Julia Gillard today stands by her comments about the High Court's rejection of the Government's Malaysian solution.

PRIME Minister Julia Gillard today stands by her comments about the High Court's rejection of the Government's Malaysian solution. 

Gillard yesterday said Chief Justice Robert French had "considered comparable legal questions when he was a judge of the Federal Court and made different decisions to the one that the High Court made". 

Today she said she did not withdraw her comments, and said the public is entitled to the facts about the shift in the law that flowed from the judgement. 

"What I did was point out matters of fact, and I think Australians are entitled to those facts and I don't resile from one word of what I said," she told Sky News. 

Gillard did not blame the court for throwing the Government's refugee policy into "limbo", as some media reports claim, nor did she criticise the High Court. She commented on the matter of precedents on which legal advice to the government rested on. 

The Law Council of Australia has, however, expressed disappointment at was it labelled "the Government’s criticism" of the High Court decision.

Law Council president Alexander Ward said High Court decisions must be given respect.

“Under the separation of powers in Australia, it’s the High Court’s role to interpret and rule on the laws passed by the Parliament,” Ward said.

“As the Law Council has previously stated, the High Court decision did not depart from any previous binding authority on the interpretation of the provision of the Migration Act relating to the declaration of a country to which offshore entry asylum seekers could be taken.

“The High Court gave due consideration to a number of authorities, including from lower courts, which it was argued were relevant to the interpretation of the provision but ultimately did not accept those arguments.

“The decision of the Court was entirely consistent with the usual practice of the Court," Ward said. 

Ward suggested Gillard had singled out the Chief Justice for particular criticism, and said this was "highly inappropriate". 

"His Honour was one of six judges who were in the majority in this case and the legal principles established by the case are very clear."

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

PM defends High Court comments
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Human body, illegal organ trafficking, ALHR
Sep 22 2017
Australia poised to combat illegal organ harvesting: ALHR
The Australian Lawyers for Human Rights are calling for changes to the law so that organ trafficking...
Online service, barristers, BarristerSELECT, Stephen Foley
Sep 22 2017
New online service leverages barristers’ clerks to aid briefing
A new online tool has been launched to help NSW solicitors find the most suitable barristers for the...
NSW District Court judge, Tim Gartelmann SC, next appointment,
Sep 22 2017
Silk replaces outgoing NSW District Court judge
A barrister has been named as the next appointment to the NSW District Court, following the retireme...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...