Today, in his first judgment on the High Court, Nettle J explained why a federal incentive scheme for reducing greenhouse gas emissions was constitutional, a conclusion that most constitutional lawyers would have predicted. Even non-lawyers could have readily predicted what the remainder of the bench would say:

FRENCH CJ. I agree with the answers given by Nettle J to the questions posed in the Special Case for the reasons which his Honour gives.
HAYNE J. I agree with Nettle J.
KIEFEL J. I agree with Nettle J.
BELL J. I agree with Nettle J.
GAGELER J. I agree with Nettle J.
KEANE J. I agree with the judgment of Nettle J.

Queensland Nickel Pty Limited v Commonwealth of Australia [2015] HCA 12 is the latest in a tradition of sorts, where the High Court periodically forgoes its usual practice of presenting judgments where multiple judges agree (and have nothing further to add) as jointly authored by all of them, in favour of one judge presenting the judgment and the rest giving individual pro forma concurrences.

Although seemingly never officially acknowledged, the practice appears to be a way for the Court’s judges to mark the arrival of a new judge on the bench.  Continue reading →