Yardley v Minister for Workplace Relations and Safety

Judicial review proceedings brought by three Police and Defence Force workers against the COVID-19 Public Health Response (Specified Work Vaccinations) Order 2021. The High Court upheld the challenge, finding that the Order imposed an unjustified limitation on the applicants’ rights, and that the limit was not demonstrably justified. The Court was not satisfied that the Read More …

Freedom of Movement.

MURPHY J. ANALYSIS OF THE COMMAND IN S. 92. 11. Meaning of “Trade and Commerce…Among the States”. There has been a tendency to narrow the meaning of the phrase, “trade and commerce” in order to lessen the destructive effects of interpreting s. 92 so that it applies to other than fiscal charges. “…Among the States” has been treated as simply Read More …

R v Barger [1908] HCA 43

R v Barger [1908] HCA 43; (1908) 6 CLR 41 (26 June 1908) HIGH COURT OF AUSTRALIA Isaacs J. And in Morgan’s Steamship Co. v. Lousiana[62], Miller J. said:—”It has been repeatedly held that when the question is raised whether the State Statute is a just exercise of State power, or is intended by roundabout means to invade the domain Read More …

“Movement Between the States shall be Absolutely Free”

10 High Court Cases COMMONWEALTH OF AUSTRALIA CONSTITUTION ACT – SECT 92 Trade within the Commonwealth to be free                    On the imposition of uniform duties of customs, trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.                    But notwithstanding anything in this Constitution, Read More …