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2006•University of New South Wales law journalRequires access

Private Law Actions against the Government - (Part 2) Two Unresolved Questions about Section 64 of the Judiciary Act

Graeme Hill

Open publisher page 1 citations

Abstract

Two unresolved questions about section 64 of the Judiciary Act, whether section 64 operates when the Commonwealth or a State is performing a function peculiar to government, and its applicability to the States, are considered. It is suggested that, in its application to the States, section 64 might be limited to operating on laws regulating the exercise of jurisdiction, thus concluding that despite its longevity, section 64 of the Judiciary Act is still a source of considerable debate.

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What this paper is about

Two unresolved questions about section 64 of the Judiciary Act, whether section 64 operates when the Commonwealth or a State is performing a function peculiar to government, and its applicability to the States, are considered. It is suggested that, in its application to the States, section 64 might be limited to operating on laws regulating the exercise of jurisdiction, thus concluding that despite its longevity, section 64 of the Judiciary Act is still a source of considerable debate.

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Available abstract

Two unresolved questions about section 64 of the Judiciary Act, whether section 64 operates when the Commonwealth or a State is performing a function peculiar to government, and its applicability to the States, are considered. It is suggested that, in its application to the States, section 64 might be limited to operating on laws regulating the exercise of jurisdiction, thus concluding that despite its longevity, section 64 of the Judiciary Act is still a source of considerable debate.

Key concepts: Section (typography), Jurisdiction, Law, Commonwealth, Government (linguistics), State (computer science), Political science, Federal jurisdiction

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