In October 2021, I was invited to comment on the Morrison Government’s challenge to the controversial decision in Love and Thoms.
I argued that the High Court has never been bound by its past decisions and – consistent with the principle of judicial independence – should not be discouraged from reconsidering them when it deems appropriate.
You can read the article in full via The Guardian Australia online at: https://www.theguardian.com/australia-news/2021/oct/16/government-accused-of-shirking-responsibility-in-bid-to-overturn-ruling-against-aboriginal-deportation