Kirmani v Captain Cook Cruises Pty Ltd (No 2)
Encyclopedia
Kirmani v Captain Cook Cruises Pty Ltd (No 2) [1985] HCA 27; (1985) 159 CLR
461, was a decision handed down in the High Court of Australia
on 17 April 1985 concerning section 74 of the Constitution of Australia
. The Court denied an application by Attorney-General for Queensland
for a certificate that the questions of law arising from the Court's decision in Kirmani v Captain Cook Cruises Pty Ltd (No 1) ought to be determined by the Privy Council
.
Up until the Kirmani v Captain Cook Cruises Pty Ltd (No 2) case, decisions of the High Court of Australia could be appealed to the Privy Council, if the High Court allowed it. In this case, every judge
decided that the High Court itself would be the final court of appeal for Australian legal cases.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
461, was a decision handed down in the High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
on 17 April 1985 concerning section 74 of the Constitution of Australia
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
. The Court denied an application by Attorney-General for Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
for a certificate that the questions of law arising from the Court's decision in Kirmani v Captain Cook Cruises Pty Ltd (No 1) ought to be determined by the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
.
Up until the Kirmani v Captain Cook Cruises Pty Ltd (No 2) case, decisions of the High Court of Australia could be appealed to the Privy Council, if the High Court allowed it. In this case, every judge
En banc
En banc, in banc, in banco or in bank is a French term used to refer to the hearing of a legal case where all judges of a court will hear the case , rather than a panel of them. It is often used for unusually complex cases or cases considered to be of greater importance...
decided that the High Court itself would be the final court of appeal for Australian legal cases.