Relevant bibliographies by topics / Supreme Court (Australia)

Academic literature on the topic 'Supreme Court (Australia)'

Author: Grafiati
Published: 10 December 2022
Last updated: 19 February 2023

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Journal articles on the topic "Supreme Court (Australia)"

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Bartlett, Francesca, and Heather Douglas. "‘Benchmarking’ a Supreme Court and Federal Court judge in Australia." Oñati Socio-legal Series 8, no. 9 (December 31, 2018): 1355–85. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-0992.

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In this article, we reflect upon the backgrounds and career trajectories of judicial officers currently presiding over the Federal Court and Supreme Courts, which are some of the highest courts, in Australia. We gathered information through publicly available websites in Australia providing official biographical information, and drew on academic efforts to fill in more details about the judiciary. While patchy, the picture today in the Australian judiciary is of a relatively uniform educational and career background – for both male and female judges. Our analysis shows that judges are predominantly recruited from a long career at the private Bar. However, given continued professional barriers to women succeeding in the Australian legal profession which we describe, we argue that it is time to take seriously the stated goals of modern judicial appointment to widen the pool and consider merit that is not solely defined by a benchmark male career. Planteamos una reflexión sobre los orígenes y las trayectorias de las autoridades judiciales que presiden el Tribunal Federal y los Tribunales Supremos, algunas de las instancias judiciales más altas de Australia. Recopilamos información publicada en webs australianas que proporcionan biografías oficiales, y completamos el retrato judicial mediante recursos académicos. Aunque borroso, el retrato actual del mundo judicial australiano muestra un origen educativo y profesional similar para jueces y juezas. Nuestro análisis muestra que jueces y juezas provienen generalmente de una larga carrera profesional en la abogacía. Sin embargo, debido a los constantes obstáculos –los cuales describimos– que deben enfrentar las mujeres para triunfar en la profesión jurídica, argumentamos que ha llegado el momento de abordar seriamente los objetivos establecidos de la designación judicial, para ampliar el grupo y tomar en consideración méritos que no están definidos únicamente por la trayectoria legal masculina.
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Dale, Gregory. "Appealing to Whom? Australia's ‘Appellate Jurisdiction’ Over Nauru." International and Comparative Law Quarterly 56, no. 3 (July 2007): 641–58. http://dx.doi.org/10.1093/iclq/lei186.

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A peculiar and unique agreement exists between Australia and Nauru, which has ensured that, since 1976, appeals may be brought from the Supreme Court of Nauru, an independent Republic, to the High Court of Australia by virtue of a bilateral treaty1 and statutes of the respective Parliaments.2 In 1998 and 1999 two High Court judgments left a question mark hanging over the constitutional validity of this appellate scheme.3 Furthermore, in 2001, the Australian Law Reform Commission (ALRC) expressed the view that Australia should terminate the agreement as the arrangement was of no perceived ‘utility’ to Australia.4 For 29 years only two rather trivial cases were appealed from the Supreme Court to Australia's High Court.5 In 2005 a much more significant case, Ruhani, 6 was appealed from Nauru to Australia. The case was not only significant in that it concerned the validity of the so-called ‘Pacific Solution’, which involved Australia holding asylum-seekers offshore in Nauru for the processing of their refugee claims, but it also raised doubts about the desirability of the offshore municipal model of foreign appeals. This article examines the latter of those issues, intending to demonstrate that the model of foreign appeal adopted in the Nauru Treaty is a compromised version of appeal in comparison with the other two more common models.
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Kirby CMG, Michael J. "THE HIGH COURT OF AUSTRALIA AND THE SUPREME COURT OF THE UNITED STATES - A CENTENARY REFLECTION." Denning Law Journal 16, no. 1 (November 23, 2012): 45–78. http://dx.doi.org/10.5750/dlj.v16i1.300.

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In October 2003 in Melbourne, the High Court of Australia celebrated the centenary of its first sitting. According to the Australian Constitution, it is the “Federal Supreme Court” of the Australian Commonwealth.1 Although the Constitution envisaged the establishment of the High Court, the first sitting of the new court did not take place until a statute had provided for the court and the appointment of its first Justices. They took their seats in a ceremony held in the Banco Court in the Supreme Court of Victoria on 6 October 1903. Exactly a century later, the present Justices assembled in the same courtroom for a sitting to mark the first century of the Court.
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Stevens, Tracey, and George Williams. "A Supreme Court for the United Kingdom? A view from the High Court of Australia." Legal Studies 24, no. 1-2 (March 2004): 188–209. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00247.x.

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The High Court created by Australia's 1901 Constitution first sat on 6 October 1903. A century on, it is an apt time to consider how the record of the Court can contribute a different perspective to the debate over a possible Supreme Court for the United Kingdom. Of course, it cannot be assumed that common views are held of this record. Indeed, the role of the High Court and its place in the Australian political system remains hotly contested.
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Kee, Christopher, and Stephen Barrett-White. "Enforcement of Arbitral Awards where the Seat of the Arbitration is Australia — How the Eisenwerk Decision Might Still be a Sleeping Assassin." Journal of International Arbitration 24, Issue 5 (October 1, 2007): 515–28. http://dx.doi.org/10.54648/joia2007038.

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This article examines the enforcement of foreign awards in Australia. It identifies and explains the difference between a “foreign award” and “international arbitration award,” observing it is a somewhat surprising but potentially significant distinction. The article then moves to consider the consequences of the distinction with particular reference to the Australian arbitral landscape. Australia has dual arbitration regimes operating at the state and federal level. Particular attention is given to the still controversial Queensland Supreme Court of Appeal decision in Australian Granites Ltd. v. Eisenwerk Hensel Bayreyth Dipl-Ing Burkhardt GmbH. The article concludes by promoting a line of interpretation that will effectively allow subsequent courts to avoid the potentially disastrous effects the Eisenwerk decision may yet still wreak.
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Stephan, Paul B. "U.S. Supreme Court: Morrison v. Australia Nat’l Bank Ltd." International Legal Materials 49, no. 5 (October 2010): 1217–37. http://dx.doi.org/10.5305/intelegamate.49.5.1217.

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Jenks, Chris. "The United States Supreme Court: Graham v. Florida & the Federal Court of Australia: Habib v. Australia." International Legal Materials 49, no. 4 (August 2010): 1029–96. http://dx.doi.org/10.5305/intelegamate.49.4.1029.

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Beswick, Samuel. "Strike-out Appeals, Unjust Enrichment, and Discoverability: Insights from Kenya." Common Law World Review 51, no. 1-2 (May 18, 2022): 12–23. http://dx.doi.org/10.1177/14737795211070838.

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This note analyses a judgment of the Kenyan Court of Appeal that implicates issues that have been on the move in private law jurisprudence around the common law world. These issues are: (1) the interlocutory/final ruling distinction that appellate courts in Australia, Canada, Ghana, India, New Zealand, and elsewhere continue to grapple with; (2) when courts can reframe pleadings for breach of contract as claims in unjust enrichment, an issue recently considered by the Privy Council (2020); (3) the essentiality of ‘mistake’ for the purposes of benefitting from an extended limitation period – the subject of continued contention among unjust enrichment scholars; and (4) when mistakes are reasonably discoverable for limitation purposes, which has been the subject of major litigation before the United Kingdom Supreme Court (2020) and the Supreme Court of Canada (2021). The resolution of these issues in Alba Petroleum Ltd v Total Marketing Kenya Ltd could have been usefully informed by – and can inform – comparative common law jurisprudence.
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Raphael, David K. L. "Comparing the institutional constructive trust with the remedial constructive trust." Trusts & Trustees 25, no. 9 (November 1, 2019): 919–38. http://dx.doi.org/10.1093/tandt/ttz091.

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Abstract The concept of the Institutional Constructive Trust was first recognised in Australia in 1907 by the most senior court, i.e. the High Court of Australia, in Black v S Friedman & Co. This arose in a decision involving stolen funds. Its importance was addressed in the State of Victoria in Nolan v Nolan where what was in issue involved the Limitations Act of the State of Victoria. It must be appreciated that in the Commonwealth of Australia, State Acts can, and sometimes do, differ. In 1985, in Muschinski v Dodds, Deane J of the Australian High Court placed different emphasis on the court’s ability to recognise and construe such a trust and gave it the imprimatur of “Remedial Constructive Trust”. The latter, whilst adopted in New Zealand and Canada, has had what might fairly be described as its critics in the UK and, indeed the UK Supreme Court in FHR European Venture LLP v Cedar Capital Partners LLC has stated at [47] that the remedial constructive trust is not part of the law of the UK.
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Kaal, Wulf A. "Extraterritorial Application of US Securities Law: Will the US Become the Default Jurisdiction for European Securities Litigation?" European Company Law 7, Issue 3 (June 1, 2010): 90–97. http://dx.doi.org/10.54648/eucl2010019.

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Pending case law by the US Supreme Court (Morrisson v. National Australia Bank) and draft legislation in Congress threaten to expand the jurisdiction of US courts to cases where foreign, i.e. non US, plaintiffs sue foreign defendants over securities purchased in foreign securities markets. This article describes the many aspects of this threat, in particular for European investors, brokers, banks and ... lawyers.
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Dissertations / Theses on the topic "Supreme Court (Australia)"

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Kenny, Susan Coralie. "Constitutional facts and their judicial ascertainment in the United States Supreme Court with a comparative reference to the practice of the Australian High Court." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.670340.

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Fletcher, Debra A. "The woman in the dock is a monster: An investigation of female criminality in the hearings of the Perth Supreme Court, 1890-1914." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1995. https://ro.ecu.edu.au/theses/1194.

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Published scholarly works on female criminal activity are limited both by their meagreness and lack of supporting empirical basis, being grounded in stereotypes and assumptions. Accurate studies based on the collection and analysis of data are required to address this paucity and to provide an historical for contemporary studies. It is, however, an accepted fact that historically women commit significantly less crimes than men and their criminal activity is generally of a far less violent nature. However, when women do physically harm others, the act most often involves family members and utilises domestic tools in the commission of the crimes. It has been mooted that women were controlled by their domestic roles along with the constraints placed upon them by society in the past, and as these constraints loosened, criminal activity by women would approach that of men. An examination of Perth Supreme Court records between 1890 and 1914; and media reports of the crimes, is expected to elicit information which should illuminate judicial and patriarchal attitudes towards women in the period and address the issues of why women committed crimes, what types of crimes they committed and how they were judged and punished. The examination of these crimes will be based on an attempt to determine whether women were treated harshly or leniently by the judicial system, in order to provide empirical support for the basis of criminological theories.
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Rogers, Nanette. "Aboriginal law and sentencing in the Northern Territory Supreme Court at Alice Springs 1986-1995." Connect to full text, 1998. http://hdl.handle.net/2123/1142.

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(14011126), Gayle B. S. Fox. "Modelling District Court decision-making: Offender identity, judicial attitudes and legal factors." Thesis, 2005. https://figshare.com/articles/thesis/Modelling_District_Court_decision-making_Offender_identity_judicial_attitudes_and_legal_factors/21398823.

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The guiding orientation of the present research was whether two conflicting positions, (1) that sentencing in a criminal case is a complex decision-making process, and (2) that sentencing is a judgment based upon few offence and/or offender details, could be reconciled. The competing claims lend support to the opposing viewpoints on sentencing guidelines, and are explicitly or implicitly utilised by each side in the law and order' debate, but each is deficient in current empirical or theoretical investigation. Archival research was undertaken on assault occasioning bodily harm cases from the Queensland District Court. Study 1 (N = 244) investigated the correlations between 27 offence, offender, victim and sentencer characteristics (e.g., use of a weapon in the assault, offender's prior convictions, victim's gender and sentencer's expertise), five theorised preliminary decisions (e.g., whether to impose a tariff versus individualised penalty, to set a utilitarian versus retributive punishment), and five sentencing decisions (e.g., to record or not record a conviction, to impose a lenient or a harsh penalty). Results favoured the conclusion that sentencing is a complex decision-making process. Numerous correlations between the variables were initially indicated, although the effects on the sentencing decisions decreased when the offence seriousness and the offender's prior criminal history were controlled for. Guided by the results from Study 1, five increasingly complex legal and theoretical models were developed. The models were arranged hierarchically, initially including only legal variables and then expanded to incorporate concepts from Schubert's (1965;1974) Attitudinal Model of Supreme Court decision-making, and from Heise's (1988) Affect Control Theory. These were evaluated in Study 2 (N=393) using structural equation modelling. Model comparisons revealed that while the Simple Legal Model, (the first model presented including the harm caused by the offence, the offender's prior criminal history, and prescribed aggravating features of the attack) explained almost half of the variance in the sentencing decision, the model offered a poor fit to the data. While each of the three succeeding models improved the model fit, it was the fifth model, incorporating legal variables, preliminary decisions, attitudes, and particularly the sentencer's evaluation of the `character' of the offender, which best represented the data, without sacrificing parsimony, in addition to accounting for almost two-thirds of the variance in the sentencing decision (65.3%). It was concluded that sentencing is a complex decision-making process, and that the judgment is based upon few offence and/or offender details. Firstly, a relatively small number of offence and offender characteristics accounted for the greater part of the variance in the sentencing decision. Judges however, appeared to organise the information provided in order to make assessments about the offender, in the manner predicted by Affect Control Theory. The overall result therefore, supported the complex decision-making process subscribed to by judges. Limitations of the research and the implications of these results for the main players in the process, the inclusion of psychological theory in the courtroom, and the community's understanding of the system, are discussed.

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Books on the topic "Supreme Court (Australia)"

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Court, Northern Territory Supreme. Northern Territory of Australia: Supreme Court rules. [Canberry]: Govt. Printer of the Northern Territory, 1987.

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The High Court and the Constitution. 5th ed. Sydney: The Federation Press, 2008.

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Emerson, John. First among equals: Chief Justices of South Australia since Federation. Adelaide: University of Adelaide Barr Smith Press, 2006.

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Zines, Leslie. High Court and the Constitution. Taylor & Francis Group, 2012.

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Powell, Philip. Origins and Development of the Protective Jurisdiction of the Supreme Court of New South Wales. Taylor & Francis Group, 2007.

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Alarie, Benjamin, and Andrew J. Green. Commitment and Cooperation on High Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199397594.003.0001.

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This chapter sets out and justifies the building blocks of commitment and cooperation. These two dimensions allow the authors to situate high courts relative to each other. They use them to focus on the five main high courts in their study, namely, the US Supreme Court, the UK Supreme Court (and its predecessor House of Lords), the Supreme Court of Canada, the High Court of Australia, and the Indian Supreme Court. This chapter provides both a preliminary assessment of how these courts sit relative to each other along these two dimensions and a brief overview of the key design choices made by each of these courts.
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Alarie, Benjamin, and Andrew J. Green. Commitment and Cooperation on High Courts. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780199397594.001.0001.

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Judicial decision-making is ideally impartial. In reality, judges are influenced by many different factors, including institutional context, ideological commitment, fellow justices on a panel, and personal preferences. Empirical literature in this area increasingly analyzes this complex collection of factors in isolation, when a larger sample size of comparative institutional contexts can help assess the impact of the procedures, norms, and rules on key institutional decisions, such as how appeals are decided. This book explains how the answers to the following institutional questions largely determine the influence of political preferences of individual judges and the degree of cooperation among judges at a given point in time. Who decides how judicial appointments are made? How does an appeal reach the court; what processes occur? Who is before the court; how do the characteristics of the litigants and third parties affect judicial decision-making? How does the court decide the appeal; what institutional norms and strategic behaviors do the judges follow in obtaining their preferred outcome? The authors apply these four fundamental institutional questions to empirical work on the supreme courts of the United States, UK, Canada, India, and the High Court of Australia. The ultimate purpose of this book is to promote a deeper understanding of how institutional differences affect judicial decision-making, using empirical studies of supreme courts in countries with similar basic structures but with sufficient differences to enable meaningful comparison.
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Roger, Halson. 1 The Historical Origins of the ‘Penalty’ Rule. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198785132.003.0001.

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The penalty doctrine has recently been subject to extensive review in the highest appellate courts of the Supreme Court of the UK and the High Court of Australia. Despite the agreement between senior appellate tribunals in the two major common law jurisdictions on the importance of a historical perspective, both propose subtly different historical analyses to justify very different conclusions about the ambit of the modern common law jurisdiction to set aside so-called penalties. This disagreement makes necessary an investigation of the history of the control of penalty clauses back to its earliest origins, in order to understand the modern doctrine. This chapter discusses the early history prior to 1600, later history from 1600 to 1915, and the case of Dunlop Pneumatic Tyre Co v New Garage and Motor Co (1915).
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Lunn, Robert. Suing in South Australia: Procedures in the Supreme, District and Magistrates Courts of South Australia ? for Practising Lawyers... Suing in SA Pty Ltd, 2016.

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Butt, Simon, and Tim Lindsey. Criminal Procedure. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199677740.003.0012.

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This chapter deals with Indonesia’s criminal process from trial to sentencing and release. It is intended to be read alongside Chapter 11, which covers pre-trial procedure. This chapter covers extradition, the rules of evidence, the presumption of innocence, and the appeal process from the district court to the high court to the Supreme Court (including the ‘PK’ reconsideration, a form of final appeal). This chapter also explains punishment options, including imprisonment and death sentences, and parole, remissions, and clemency. The chapter then summarises proposals for reform of the Criminal Code (KUHAP), and concludes with a study of the high-profile case of an Australian narcotics offender, Schapelle Corby, which demonstrates how the system can work in practice.
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Book chapters on the topic "Supreme Court (Australia)"

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Hill, Lisa, Max Douglass, and Ravi Baltutis. "Why Australia Is a Great Place to Start: The Implied Freedom of Political Communication and TIPA Laws." In How and Why to Regulate False Political Advertising in Australia, 45–56. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_5.

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AbstractIn this chapter we show that the Australian constitutional and jurisprudential approach to political speech, as embodied in the implied freedom of political communication, makes Australia a uniquely congenial setting for TIPA laws and the type of burden they place on political speech. This is reflected in a range of High Court decisions as well as the fact that the Supreme Court of South Australia has upheld the constitutionality of the South Australian TIPA law based on Australian implied freedom of communication jurisprudence. Our exploration of these decisions and their broader context throws light on how such a freedom is supposed to work and is constituted. Notably, the Courts have achieved a balance in the ‘freedom-fairness’ trade-off, and indicated that they consider TIPA laws, in constraining some political speech, as tipping the scales towards ‘fairness’ without at the same time unduly impacting freedom. We end the chapter by summarising our argument so far.
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Cane, Peter. "3. The Common Law, the High Court of Australia, and the United States Supreme Court." In Apex Courts and the Common Law, edited by Paul Daly, 66–93. Toronto: University of Toronto Press, 2019. http://dx.doi.org/10.3138/9781487530167-005.

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Hill, Lisa, Max Douglass, and Ravi Baltutis. "Ten Recommendations for an Effective Model for Regulating Truth in Political Advertising and Conclusion." In How and Why to Regulate False Political Advertising in Australia, 141–50. Singapore: Springer Nature Singapore, 2022. http://dx.doi.org/10.1007/978-981-19-2123-0_10.

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AbstractWe conclude by making ten recommendations in light of the foregoing discussion. These recommendations are intended to ensure that our ideal-type model is capable of fulfilling four general goals; first, it should be acceptable to the public as well as the political class in order to ensure bi- and, ideally, multi-party support; second, it should allow complaints to be handled in a timely manner; third, it should be capable of withstanding constitutional challenge, not only to ensure that it is not invalidated but also that it is not stifling good faith political speech; and fourth, it should be able to deal effectively with the problem of false campaign statements without producing too many unwanted and unintended consequences such as: the cynical use of injunctions against candidates for political purposes; vexatious litigation; the strategic use of false campaign statements with the intention of absorbing the pecuniary penalty as a ‘routine campaign expense’; ‘dragged-out’ litigation; ex-post rulings by the Supreme Court; unjust prosecution; mischievous flooding of trivial litigation for the sole purpose of distracting the Commission from its primary responsibility; and the perception that the regulator is too restrictive in its assessments.
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Keene, Alex Ruck, and Mary Sealy. "Australia—Victoria." In The International Protection of Adults. Oxford University Press, 2015. http://dx.doi.org/10.1093/9780198727255.003.0032.

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Australia is a common law country. Australia is a federation of five states and two territories. Laws affecting adults in need of protection are generally made at state level. In Victoria, adult protection matters are decided by the Victorian Civil and Administrative Tribunal (‘VCAT’) in its Guardianship List. VCAT is the lowest court body—with Magistrates, County, and Supreme Court the hierarchy within the state. The High Court of Australia is the highest appellate court.
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Brice, Dickson. "1 Introduction." In The Irish Supreme Court. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198793731.003.0001.

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This chapter sets out the aims of the book, which are to evaluate the performance of the Irish Supreme Court through its 94 years of history to date and to assess what contribution it has made to Irish legal culture. It considers the difficulties in undertaking that task and surveys some of the evaluative literature which already exists on supreme courts in other common law countries such as the USA, Canada, Australia and the UK. It posits that the most important assessment criteria are clarity, fairness, efficiency and respect. The chapter then refers to existing literature on the Irish Supreme Court and explains what will be covered in subsequent chapters of the book.
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Wheeler, Fiona, and John Williams. "‘Restrained Activism’ in the High Court of Australia." In Judicial Activism in Common Law Supreme Courts, 19–68. Oxford University Press, 2007. http://dx.doi.org/10.1093/acprof:oso/9780199213290.003.0002.

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Leeming, Mark. "Ministerial Override Certificates and the Law/Fact Distinction -- A Comparison Between Australia and the United Kingdom." In UK Supreme Court Yearbook Volume 1, 84–106. Appellate Press, 2014. http://dx.doi.org/10.19152/ukscy.651.

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French, Robert. "Australia and the United Kingdom: A Bit Like Family, Much in Common But a Lot of Difference." In UK Supreme Court Yearbook Volume 1, 17–26. Appellate Press, 2015. http://dx.doi.org/10.19152/ukscy.703.

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"Western Response to Soviet Proposals on Germany; South African Supreme Court Holds Voting Law Unconstitutional." In Letters to Australia, Volume 4, 31–33. Sydney University Press, 2019. http://dx.doi.org/10.2307/j.ctvx8b7c5.16.

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"UK Considers Review of Laws of Evidence and Procedure; US Supreme Court Declares Death Penalty Unconstitutional." In Letters to Australia, Volume 6, 176–77. Sydney University Press, 2020. http://dx.doi.org/10.2307/j.ctvx5w93p.74.

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Conference papers on the topic "Supreme Court (Australia)"

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Harper, Glenn. "Becoming Ultra-Civic: The Completion of Queen’s Square, Sydney 1962-1978." In The 38th Annual Conference of the Society of Architectural Historians Australia and New Zealand. online: SAHANZ, 2022. http://dx.doi.org/10.55939/a4009pijuv.

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Declaring in the late 1950s that Sydney City was in much need of a car free civic square, Professor Denis Winston, Australia’s first chair in town and country planning at the University of Sydney, was echoing a commonly held view on how to reconfigure the city for a modern-day citizen. Queen’s Square, at the intersection of Macquarie Street and Hyde Park, first conceived in 1810 by Governor Lachlan Macquarie, remained incomplete until 1978 when it was developed as a pedestrian only plaza by the NSW Government Architect under a different set of urban intentions. By relocating the traffic bound statue of Queen Victoria (1888) onto the plaza and demolishing the old Supreme Court complex (1827), so that nearby St James’ Church (1824) could becoming freestanding alongside a new multi-storey Commonwealth Supreme Court building (1975), by the Sydney-based practise of McConnel Smith and Johnson, the civic and social ambition of this pedestrian space was assured. Now somewhat overlooked in the history of Sydney’s modern civic spaces, the adjustment in the design of this square during the 1960s translated the reformed urban design agenda communicated in CIAM 8, the heart of the city (1952), a post-war treatise developed and promoted by the international architect and polemicist, Josep Lluis Sert. This paper examines the completion of Queen’s Square in 1978. Along with the symbolic role of the project, that is, to provide a plaza as a social instrument in humanising the modern-day city, this project also acknowledged the city’s colonial settlement monuments beside a new law court complex; and in a curious twist in fate, involving curtailing the extent of the proposed plaza so that the colonial Supreme Court was retained, the completion of Queen’s Square became ultra – civic.
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