Daily Construction: Friday, 17 April 2015 View in browser

A daily Bulletin listing our choice of Decisions of Superior Courts of Australia.
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Executive Summary (One Minute Read)
Duncan v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW (HCA) - constitutional law - cancellation of exploration licences - validity of provisions of Sched 6A Mining Act 1992 (NSW) upheld
Summaries (Five Minute Read) with Link
Duncan v NSW; NuCoal Resources Ltd v NSW; Cascade Coal Pty Ltd v NSW [2015] HCA 13
High Court of Australia
French CJ; Hayne, Kiefel, Bell, Gageler, Keane & Nettle JJ
Constitutional law - special case - questions for determination - three proceedings challenging validity of provisions of Sched 6A Mining Act 1992 (NSW) inserted into Mining Act by Mining Amendment (ICAC Operations Jasper and Acacia) Act 2014 (NSW) which cancelled three exploration licences without compensation - Amendment Act was enacted following consideration by New South Wales Parliament of reports of ICAC investigations - proceedings brought by the corporate licensees of two of the cancelled exploration licences, their parent company and one of its former directors, and the parent company of the corporate licensee of the other cancelled exploration licence - held: validity of provisions upheld - Amendment Act was a law within competence of New South Wales Parliament - Amendment Act did not involve exercise of judicial power so the existence and scope of an implied limitation on the ability to exercise judicial power did not arise for consideration.
Duncan
Tall Nettles
By Edward Thomas
 
TALL nettles cover up, as they have done         
These many springs, the rusty harrow, the plough      
Long worn out, and the roller made of stone:    
Only the elm butt tops the nettles now.   
 
This corner of the farmyard I like most:            
As well as any bloom upon a flower       
I like the dust on the nettles, never lost  
Except to prove the sweetness of a shower.      
 
Edward Thomas