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Can you afford $5 a month to support the researchers here at Constitution Watch to bring you more great content on a daily Basis? For the cost of a cup of coffee a month you can help us concentrate on what we need to do, bring you the truth wth more exceptional content not found Read More …
Launceston Corporation v Hydro Electric Commission (1959) 100 CLR 654 is a leading case about the status of statutory corporations. The HEC argued that it was not liable to pay rates because it was entitled to Crown immunity. The High Court held that, as a statutory corporation, it was independent of the Crown and not entitled Read More …
A TRIBUNAL HAS NO POWER TO ACT JUDICIALLY AS AGAIN CONFIRMED BY THE HIGH COURT OF AUSTRALIA. HIGH COURT OF AUSTRALIA CITTA HOBART PTY LTD & ANOR v CAWTHORN [2022] HCA 16 4 May 2022 Today, the High Court allowed an appeal from the Full Court of the Supreme Court of Tasmania. Read More …
Does the prohibition in s51(xxiiiA) but not so as to authorise any form of civil conscription apply to the states? William J , Justice of the High Court of Australia in the British Medical association case (BMA), stated, William J It would no doubt be a form of industrial conscription to compel persons by law to Read More …
What can be said about Justice Alex Pazaratz that has not already been said by others? There is no doubt that he “can be counted on to tell it like it is;” is “thoughtful and child-focused;” and is “known for his plain language, storytelling, humour and biting commentary.” All of this is true, but in Read More …
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 …
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; (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 …
PJ Dunning QC (Clive Palmer and his companies legal representation), in Palmer v Western Australia led the High Court to believe that he was challenging the validity of the Act “The Emergency Management Act” W.A. 2005 for contravention of section 92 of the Constitution. Section 92 of the constitution like all of our constitutional guarantees Read More …
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 …