On 13 October 2021 the Melbourne Law School presented the online public lecture ‘The High Court of Australia and Civil Liberties’, in collaboration with the Alan Missen Trust and the Centre for Comparative Constitutional Studies.
Our expert panel critically analysed a series of recent important decisions by the High Court of Australia on civil liberties in the fields of immigration law, law enforcement, and Indigenous rights. The panel reflected on the role of the High Court in protecting civil liberties more generally and broader themes that emerge from the High Court’s recent jurisprudence. The panel also answered a selection of questions from the live online audience.
Cases that were discussed included:
- Smethurst v Commissioner of Police (unlawful search by police and remedies)
- Roy v O’Neill (warrantless police entry onto land)
- Lewis v ACT (damages and false imprisonment)
- Northern Territory v Griffiths (compensation for loss of Native Title)
- Love v Commonwealth (migration and Indigenous peoples)
- Commonwealth v AJL20 (immigration detention)
- Minister for Home Affairs v Benbrika (detention and judicial power)
- Professor Jason Varuhas, Co-Director of the Centre for Comparative Constitutional Studies, Melbourne Law School
- Professor Michelle Foster, Director of the Peter McMullin Centre on Statelessness, Melbourne Law School
- Timothy Goodwin, Barrister at Victorian Bar
- Laureate Professor Emeritus Cheryl Saunders AO, Convener of the Constitution Transformation Network
- Professor Adrienne Stone, Co-Director of the Centre for Comparative Constitutional Studies, Melbourne Law School
Melbourne Law School and CCCS are grateful to the Alan Missen Foundation for its support of this event.
The Alan Missen Foundation was established in 1988 to commemorate the memory of the late Senator Alan Missen, who was for many years active in public life in Australia and was devoted to the cause of civil liberties and human rights.
The aim of the Alan Missen Foundation is to promote public education concerning civil liberties and human rights. This is achieved through providing support or sponsorship to events and organisations that promote education of civil liberties and human rights.