Jolley v Mainka

JurisdictionAustralia Federal only
CourtHigh Court
Judgment Date1933
Neutral Citation1933-0831 HCA B,[1933] HCA 43
Date1933
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14 cases
  • Commonwealth of Australia v State of Tasmania
    • Australia
    • High Court
    • 1 July 1983
    ...has been held to support legislation for the acceptance and government of the Mandated Territory of New Guinea (Jolley v MainkaUNK (1933) 49 CLR 242 at 250, 281, 286), for the reciprocal surrender of persons charged with criminal offences (Ffrost v StevensonUNK (1937) 58 CLR 528 at 557), to......
  • Bennett v Commonwealth of Australia
    • Australia
    • High Court
    • 27 April 2007
    ...s 122 of the Constitution as subject to ss 55, 80 and 71 of the Constitution respectively, but in each case refused to do so. 186 In Jolley v Mainka207, the Court considered the Commonwealth's power over the Territory of New Guinea, which was governed by Australia pursuant to a mandate of t......
  • Commonwealth v Tasmania (The Tasmanian Dam Case)
    • Australia
    • High Court
    • Invalid date
  • Ruhani v Director of Police
    • Australia
    • High Court
    • 31 August 2005
    ...Agreement for New Guinea had directly identified the Commonwealth of Australia as sole mandate and trustee authority: Jolley v Mainka (1933) 49 CLR 242 at 273; Fishwick v Cleland (1960) 106 CLR 186 at 78 Australia, House of Representatives, Parliamentary Debates (Hansard), 7 October 1976 at......
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1 books & journal articles
  • Territory Courts and Federal Jurisdiction
    • United Kingdom
    • Federal Law Review Nbr. 33-1, March 2005
    • 1 March 2005
    ...it has been argued that these territories should have been regarded as falling under s 51(xxix) rather than s 122. See Jolley v Mainka (1933) 49 CLR 242, 278–9 (Evatt J); Ffrost v Stevenson (1937) 58 CLR 528, 579–93 (Evatt J); but cf 555 (Latham CJ), 566 (Dixon J); Fishwick v Cleland (1960)......

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