Matthew Brady KC has recently returned from Papua New Guinea where he spent a week as a member of the Bar Association of Queensland’s training party for the 2025 Legal Training Institute in Port Moresby. After a busy week of teaching, he stayed on for...
Over the past four years, Queensland’s Court of Appeal has allowed five appeals in criminal fraud cases because of insufficient directions to the jury on the defendant’s “knowledge, belief, or intent” that is alleged to have caused the defendant’s conduct to be dishonest. Is it...
For better or worse, jurisdictional error is a concept that strikes at the heart of Australia’s constitutional system. Its meaning shapes the breadth of the courts’ jurisdiction to engage in judicial review. Though the High Court has recognised the difficulties inherent in distinguishing between jurisdictional...
This article analyses High Court’s decision in Minister for Home Affairs v Benbrika [2021] HCA 4; 388 ALR 1; 95 ALJR 166, particularly the extent to which protective detention mechanisms are responsive to the federal judicial power. Specific focus is paid to the implications of...
Preliminary The writ of habeas corpus functions as a protector of liberty; enabling review by superior courts of the legality of custody or detention. The writ is intended to provide a swift and imperative remedy in all cases of illegal restraint or confinement. Fundamentally, physical...
