The Griffith

Samuel Griffith

Sir Samuel Walker Griffith GCMG QC, was an Australian politician, Premier of Queensland, Chief Justice of the High Court of Australia and a principal author of the Constitution of Australia.-Early life:...

 Court: 1903–1919

• Dalgarno v Hannah
  Dalgarno v Hannah
  Dalgarno v Hannah was the first case ever to be decided by the High Court of Australia. It involved the significant question of precisely when the High Court came into existence.-Background to the case:...
  
   (1903): the first case decided by the Court
• Peterswald v Bartley
  Peterswald v Bartley
  Peterswald v Bartley 1 CLR 497 is an early High Court of Australia case that dealt with section 90 of the Australian Constitution, which prohibits States from levying excise....
  
   (1904): Dealt with s90 of the Australian Constitution, which prohibits States from levying excise.
• D'Emden v Pedder
  D'Emden v Pedder
  D'Emden v Pedder was a significant Australian court case decided in the High Court of Australia on 26 April 1904. It directly concerned the question of whether salary receipts of federal government employees were subject to state stamp duty, but it touched on the broader issue within Australian...
  
   (1904): Concerned the question of whether salary receipts of federal government employees were subject to state stamp duty
• Jumbunna Coalmine (1908): Registration of Trade Unions incidental to pl.(xxxv)
• R v Barger
  R v Barger
  R v Barger 6 CLR 41 is a High Court of Australia case that considered the scope of the taxation power.-Facts:The Commonwealth government imposed taxes on the use of certain types of agricultural machinery. An exemption applied where the employment conditions of workers using the machinery were...
  
   (1908): High Court appeal which overruled the Harvester Judgement
• Attorney-General for NSW v Brewery Employees Union of NSW (1908) (Union Label case) 6 CLR 469: Established that pro-Union
  Trade union
  A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
  
   demands are capable of creating an industrial dispute under pl.(xxxv)

The Knox

Adrian Knox

Sir Adrian Knox KCMG, KC , Australian judge, was the second Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1919 to 1930.-Education:...

 Court: 1919–1930

• Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd.
  Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd.
  Amalgamated Society of Engineers v Adelaide Steamship Co Ltd 28 CLR 129 was a landmark Australian court case decided in the High Court of Australia on 31 August 1920...
  
   (1920): Overturned the notion of reserved state powers and determined that each head of federal power should be interpreted simply on the words of the grant. aka the Engineers' Case
• R v Licensing Court of Brisbane; Ex parte Daniell
  R v Licensing Court of Brisbane; Ex parte Daniell
  R v Licensing Court of Brisbane; Ex parte Daniell 28 CLR 23 is a High Court of Australia case about inconsistency between Commonwealth and State legislation, which is dealt with by s 109 of the Australian Constitution...
  
   (1920): Inconsistency between Commonwealth and State legislation, which is dealt with by s109 of the Australian Constitution.
• Roche v Kronheimer (1921): Concluded that Federal Parliament had the power to implement the Treaty of Versailles under the defence power. One view was also under the external affair power.
• Melbourne Corporation v Barry (1922): early civil liberties case, striking down a municipal attempt to regulate street marches.
• Clyde Engineering Co Ltd v Cowburn
  Clyde Engineering Co Ltd v Cowburn
  Clyde Engineering Co Ltd v Cowburn 37 CLR 466 is a High Court of Australia case about inconsistency between a Commonwealth and a State law, which is dealt with in s 109 of the Australian Constitution...
  
   (1926): Inconsistency between a Commonwealth and a State law
• R v. Clarke (1927): law of contract.

The Duffy

Frank Gavan Duffy

Sir Frank Gavan Duffy, KCMG, PC, QC , Australian judge, was the fourth Chief Justice of the High Court of Australia, sitting on the bench of the High Court from 1913 to 1935.-Early life:...

 Court 1931–1935

• R v Carter; ex parte Kisch (1934) / R v Wilson; ex parte Kisch (1934): a long round of litigation arising from the Lyons' government's attempts to exclude left-wing journalist Egon Kisch from Australia. Also known as Kisch's case. Found that Scottish Gaelic was not a European language within the meaning of the Immigration Restriction Act 1901
  Immigration Restriction Act 1901
  The Immigration Restriction Act 1901 was an Act of the Parliament of Australia which limited immigration to Australia and formed the basis of the White Australia policy. It also provided for illegal immigrants to be deported. It granted immigration officers a wide degree of discretion to prevent...
  
  .
• Attorney-General (New South Wales) v Trethowan (1931): which considered Premier of New South Wales Jack Lang
  Jack Lang (Australian politician)
  John Thomas Lang , usually referred to as J.T. Lang during his career, and familiarly known as "Jack" and nicknamed "The Big Fella" was an Australian politician who was Premier of New South Wales for two terms...
  
  's attempt to abolish the New South Wales Legislative Council.
• First State Garnishee case (1932)

The Latham Court: 1935–1952

• R v Burgess; Ex parte Henry
  R v Burgess; Ex parte Henry
  R v Burgess; Ex parte Henry 55 CLR 608 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power and the external affairs power, in sections 51 and 51 respectively, of the Constitution....
  
   (1936): External affairs power extends to implemnting treaties.
• Matthews v Chicory Marketing Board (Vic)
  Matthews v Chicory Marketing Board (Vic)
  Matthews v Chicory Marketing Board 60 CLR 263 is a High Court of Australia case that considered section 90 of the Australian Constitution, which prohibits States from levying excise...
  
   (1938): Considered s90 of the Constitution, which prohibits States from levying excise.
• Deputy Federal Commissioner of Taxation (NSW) v W R Moran Pty Ltd
  Deputy Federal Commissioner of Taxation (NSW) v W R Moran Pty Ltd
  Deputy Federal Commissioner of Taxation v W R Moran Pty Ltd 61 CLR 735 is a High Court of Australia case that deals with whether section 96 is limited by section 99, which prevents Commonwealth laws discriminating between States....
  
   (1939): whether s96 is limited by s99, which prevents Commonwealth laws discriminating between States.
• Proudman v Dayman (1941): Developed the doctrine of honest and reasonable mistake of fact as a defence to some criminal matters.
• First Uniform Tax case
  South Australia v Commonwealth
  South Australia v Commonwealth 65 CLR 373 is a High Court of Australia case that established the Commonwealth government's ability to impose a scheme of uniform income tax, ultimately arising in a vertical fiscal imbalance in the spending requirements and taxing abilities of the various levels of...
  
   (1942)
• Adelaide Company of Jehovah's Witnesses v Commonwealth
  Adelaide Company of Jehovah's Witnesses v Commonwealth
  Adelaide Company of Jehovah's Witnesses Inc v Commonwealth 67 CLR 116 was a court case decided in the High Court of Australia on 14 June 1943....
  
   (1943): strict limits to the Constitution's protections for religious freedom; aka Jehovah's Witnesses case
• The First Pharmaceutical Benefits case (1945)
• Melbourne Corporation v Commonwealth
  Melbourne Corporation v Commonwealth
  Melbourne Corporation v Commonwealth 74 CLR 31; [1947] HCA 26 , also known as the Melbourne Corporation case or the State banking case, is an important case in Australian constitutional law...
  
   (1947): limits to Commonwealth legislative power implied from federal nature of Constitution (aka Melbourne Corporation case)
• In Re Davis
  In Re Davis
  In Re Davis 75 CLR 409; [1947] HCA 53 is a High Court of Australia case regarding the admission of legal practitioners and the jurisdiction of courts over barristers.-Facts:...
  
   (1947): Regarding the admission of legal practitioners and the jurisdiction of courts over barristers.
• Bank of New South Wales v Commonwealth
  Bank of New South Wales v Commonwealth
  Bank of New South Wales v The Commonwealth 76 CLR 1, also known as the Bank Nationalisation Case, is a notable case of the High Court of Australia.-Background:...
  
   (1948): striking down of an attempt to nationalise the bank
  Bank
  A bank is a financial institution that serves as a financial intermediary. The term "bank" may refer to one of several related types of entities:...
  
  s, aka the Bank Nationalisation Case (Later affirmed by the Privy Council
  Judicial Committee of the Privy Council
  The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
  
    in Commonwealth v Bank of New South Wales
  Commonwealth v Bank of New South Wales
  Commonwealth v Bank of New South Wales 79 CLR 497; [1950] AC 235 - popularly known as the Bank Nationalisation Case - was a Privy Council decision that affirmed the High Court of Australia's decision in Bank of New South Wales v Commonwealth, promoting the theory of "individual rights" to ensure...
  
  )
• Parton v Milk Board (Vic)
  Parton v Milk Board (Vic)
  Parton v Milk Board 80 CLR 229 is a High Court of Australia case that dealt with the meaning of excise in relation to section 90 of the Australian Constitution....
  
   (1949): Dealt with the meaning of excise in relation to s90 of the Constitution.
• P J Magennis Pty Ltd v Commonwealth
  P J Magennis Pty Ltd v Commonwealth
  P J Magennis Pty Ltd v Commonwealth 80 CLR 382 is a High Court of Australia case that deals with the Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51 of the Australian Constitution....
  
   (1949): Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51(xxxi) of the Constitution.
• Australian Communist Party v The Commonwealth (1951): declared the Communist Party Dissolution Act 1950 unconstitutional and invalid based on Parliament's inability to exercise a given power in the peace time context of the Act, aka the Communist Party Case
• Pye v Renshaw
  Pye v Renshaw
  Pye v Renshaw 84 CLR 58 is a High Court of Australia case that deals with the effect of section 51 on section 96 ....
  
   (1951): Deals with the effect of s51(xxxi) on s96.

The Dixon

Owen Dixon

Sir Owen Dixon, OM, GCMG, KC Australian judge and diplomat, was the sixth Chief Justice of Australia. A justice of the High Court for thirty-five years, Dixon was one of the leading jurists in the English-speaking world and is widely regarded as Australia's greatest ever jurist.-Education:Dixon...

 Court: 1952–1964

• O'Sullivan v Noarlunga Meat Ltd
  O'Sullivan v Noarlunga Meat Ltd
  O'Sullivan v Noarlunga Meat Ltd 92 CLR 565 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power, under s 51 of the Australian Constitution, and inconsistency between Commonwealth and State laws, under s...
  
   (1954): Scope of the trade and commerce power, under s51
• R v Kirby; Ex parte Boilermakers' Society of Australia
  R v Kirby; Ex parte Boilermakers' Society of Australia
  R v. Kirby; Ex parte Boilermakers' Society of Australia [1956] HCA 10; 94 CLR 254 was a case in which the High Court of Australia held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions...
  
   (1956): cornerstone decision confirming the separation of judicial and executive powers of the Commonwealth. Known as the Boilermakers' case.
• O'Sullivan v Noarlunga Meat Ltd (No 2)
  O'Sullivan v Noarlunga Meat Ltd (No 2)
  O'Sullivan v Noarlunga Meat Ltd 94 CLR 367 was a High Court of Australia case, in which a certificate, under s 74 of the Australian Constitution, was sought for leave to appeal to the Privy Council against the previous decision of O'Sullivan v Noarlunga Meat Ltd.In the preceding case, it was held...
  
   (1956) leave to appeal to the Privy Council against the previous decision of O'Sullivan v Noarlunga Meat Ltd
  O'Sullivan v Noarlunga Meat Ltd
  O'Sullivan v Noarlunga Meat Ltd 92 CLR 565 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power, under s 51 of the Australian Constitution, and inconsistency between Commonwealth and State laws, under s...
  
  
• Second Uniform Tax case
  Victoria v Commonwealth (1957)
  Victoria v Commonwealth 99 CLR 575 is a High Court of Australia case that affirmed the Commonwealth government's ability to impose a scheme of uniform income tax, ultimately arising in a vertical fiscal imbalance in the spending requirements and taxing abilities of the various levels of...
  
   (1957)
• Dennis Hotels Pty Ltd v Victoria
  Dennis Hotels Pty Ltd v Victoria
  Dennis Hotels Pty Ltd v Victoria 104 CLR 529 is a High Court of Australia case that deals with section 90 of the Australian Constitution, which prohibits States from levying customs or excise duties...
  
   (1960): Deals with s90 of the constitution, which prohibits States from levying export duties.
• Swift Australian Co (Pty) Ltd v Boyd Parkinson
  Swift Australian Co (Pty) Ltd v Boyd Parkinson
  Swift Australian Co Ltd v Boyd Parkinson 108 CLR 189 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51 of the Constitution.-Background:...
  
   (1962): Regarding the scope of the trade and commerce power in s51(i) of the Constitution.
• Bolton v Madsen
  Bolton v Madsen
  Bolton v Madsen 110 CLR 264 is a High Court of Australia case that dealt with section 90 of the Australian Constitution, which prohibits States from levying excise duty.This case followed Dennis Hotels Pty Ltd v Victoria...
  
   (1963): s90 of the Constitution, which prohibits States from levying excise duty
• Redfern v Dunlop Rubber Australia Ltd
  Redfern v Dunlop Rubber Australia Ltd
  Redfern v Dunlop Rubber Australia Ltd 110 CLR 194 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51 of the Constitution.-Background:...
  
   (1964): Regarding the scope of the trade and commerce power in s51(i) of the Constitution.
• Anderson's Pty Ltd v Victoria
  Anderson's Pty Ltd v Victoria
  Anderson's Pty Ltd v Victoria 111 CLR 353 is a High Court of Australia case that dealt with section 90 of the Australian Constitution...
  
   (1964): s90 of the Constitution

The Barwick

Garfield Barwick

Sir Garfield Edward John Barwick, was the Attorney-General of Australia , Minister for External Affairs and the seventh and longest serving Chief Justice of Australia...

 Court: 1964–1981

• Fairfax v Commissioner of Taxation
  Fairfax v Commissioner of Taxation
  Fairfax v Commissioner of Taxation 114 CLR 1 is a High Court of Australia case that considered the scope of the taxation power.-Facts:...
  
   (1965): Case that considered the scope of the taxation power.
• Airlines of New South Wales Pty Ltd v New South Wales (No 2)
  Airlines of New South Wales Pty Ltd v New South Wales (No 2)
  Airlines of New South Wales Pty Ltd v New South Wales 113 CLR 54 was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation...
  
   (1965): validity of Commonwealth regulations about intrastate air navigation.
• Pacific Film Laboratories v Commissioner of Tax
  Pacific Film Laboratories v Commissioner of Tax
  In Pacific Film Laboratories v. Commissioner of Tax 121 CLR 154, Windeyer J defined copyright: "It is not a right in an existing thing. It is a negative right, as it has been called, a power to prevent the making of a physical thing by copying."- Case Details :The Pacific Film Laboratories v...
  
   (1970): defined copyright
• Strickland v Rocla Concrete Pipes Ltd
  Strickland v Rocla Concrete Pipes Ltd
  Strickland v Rocla Concrete Pipes Ltd 124 CLR 468, also known as the Concrete Pipes Case, is a High Court of Australia case that discusses the scope of the corporations power in section 51 of the Australian Constitution...
  
   (1971): landmark trade practices case, aka the Concrete Pipes Case
• Victoria v Commonwealth (1971)
  Victoria v Commonwealth (1971)
  Victoria v Commonwealth 122 CLR 353, commonly referred to as the Payroll Tax Case, was a case decided in the High Court of Australia regarding the scope of the Commonwealth's taxation power and the extent to which it can burden a state's structural integrity.-Background:Commonwealth passed the...
  
  : Regarding the scope of the Commonwealth's taxation power and the extent to which it can burden a state's structural integrity.
• King v Jones
  King v Jones
  King v Jones was an Australian court case decided in the High Court of Australia on 1 September 1972. It concerned section 41 of the Australian Constitution, and whether that section gave a person who had the right to vote in elections in South Australia the right to vote in elections at a federal...
  
   (1972): considered the nature of section 41 of the Australian Constitution
  Section 41 of the Australian Constitution
  Section 41 of the Australian Constitution is a provision of the Constitution of Australia which states that "no adult person who has or acquires a right to vote at elections for the more numerous House of the Parliament of a State shall, while the right continues, be prevented by any law of the...
  
  
• Dickenson's Arcade Pty Ltd v Tasmania
  Dickenson's Arcade Pty Ltd v Tasmania
  Dickenson's Arcade Pty Ltd v Tasmania 130 CLR 177 is a High Court of Australia case that dealt with section 90 of the Australian Constitution....
  
   (1974): s90 of the Constitution.
• New South Wales v The Commonwealth (1975): sovereignty
  Sovereignty
  Sovereignty is the quality of having supreme, independent authority over a geographic area, such as a territory. It can be found in a power to rule and make law that rests on a political fact for which no purely legal explanation can be provided...
  
   over the continental shelf
  Continental shelf
  The continental shelf is the extended perimeter of each continent and associated coastal plain. Much of the shelf was exposed during glacial periods, but is now submerged under relatively shallow seas and gulfs, and was similarly submerged during other interglacial periods. The continental margin,...
  
  , aka the Seas and Submerged Lands Case
• The First Territory Senators Case
• Murphyores Inc Pty Ltd v Commonwealth
  Murphyores Inc Pty Ltd v Commonwealth
  Murphyores Inc Pty Ltd v Commonwealth 136 CLR 1; [1976] HCA 20, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51 of the Constitution.-Background:...
  
   (1976) 136 CLR 1; [1976] HCA 20: prevention of activity within a grant of legislative power
• Mullens v Federal Commissioner of Taxation
  Mullens v Federal Commissioner of Taxation
  Mullens v Federal Commissioner of Taxation was a 1976High Court of Australia tax case concerning arrangements where stockbrokers Mullens & Co accessed tax deductions for monies subscribed to a petroleum exploration company...
  
   (1976): Tax deductions for monies subscribed to a petroleum exploration company
• Cridland v Federal Commissioner of Taxation
  Cridland v Federal Commissioner of Taxation
  Cridland v Federal Commissioner of Taxation was a 1977 High Court of Australia case concerning a novel tax scheme whereby some 5,000 university students became primary producers for tax purposes, allowing them certain income averaging benefits...
  
   (1977): Tax scheme whereby university students became primary producers
• Slutzkin v Federal Commissioner Of Taxation
  Slutzkin v Federal Commissioner of Taxation
  Slutzkin v Federal Commissioner Of Taxation 140 CLR 314 was a High Court of Australia case concerning the tax position of company owners who sold to a dividend stripping operation...
  
   (1977): Concerning the tax position of company owners who sold to a dividend stripping operation.
• Sankey v Whitlam
  Sankey v Whitlam
  Sankey v Whitlam was an important court case decided in the High Court of Australia on 9 November 1978.On 20 November 1975, in the middle of the election campaign which followed the dismissal of the Whitlam government, a Sydney solicitor, Danny Sankey, initiated a private prosecution against Gough...
  
   (1978): extent of 'crown privilege'
• The Second Territory Senators Case
• R v Federal Court of Australia; Ex parte W.A. National Football League (1979) 143 CLR 190: Aka "Adamson's Case" Decided that a "trading and financial" corporation (a pl.(xx) entity) could be more than just a corporation set up for the purpose of trade, as long as its current revenue included a significant proportion of trading activities.

The Gibbs

Harry Gibbs

Sir Harry Talbot Gibbs, GCMG, AC, KBE, QC was Chief Justice of the High Court of Australia from 1981 to 1987 after serving as a member of the High Court between 1970 and 1981...

 Court: 1981–1987

• Attorney-General (Vic); Ex Rel Black v Commonwealth (1981) DOGS case: confirmed the wide interpretation of s 96 of the Constitution.
• Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981): the court decided to adopt the High Court ruling in Mutual Life & Citizens' Assurance Co. Ltd. v. Evatt (1968) over the Privy Council
  Privy council
  A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
  
   decision which overruled the High Court. This re-affirmed the broad approach taken to statements of negligent misrepresentation.
• Koowarta v Bjelke-Petersen
  Koowarta v Bjelke-Petersen
  Koowarta v Bjelke-Petersen was a significant court case decided in the High Court of Australia on 11 May 1982. It concerned the constitutional validity of parts of the Racial Discrimination Act 1975, and the discriminatory acts of the Government of Queensland in blocking the purchase of land by...
  
   (1982): the constitutional validity of the Racial Discrimination Act 1975
  Racial Discrimination Act 1975
  The Racial Discrimination Act 1975 is a statute passed by the Australian Parliament during the Prime Ministership of Labor Gough Whitlam....
  
  
• Actors and Announcers Equity Association v. Fontana Films Pty Ltd (1982): extent of corporations power
• R v Pearson; Ex parte Sipka
  R v Pearson; Ex parte Sipka
  R v Pearson; Ex parte Sipka was an important Australian court case decided in the High Court of Australia on 24 February 1983. It concerned section 41 of the Australian Constitution, and the question of whether four people eligible to vote in New South Wales could be prevented from voting at the...
  
   (1983): found that there is no constitutional right to vote in Australia
• Commonwealth v Tasmania
  Commonwealth v Tasmania
  Commonwealth v Tasmania 158 CLR 1, was a significant Australian court case, decided in the High Court of Australia on 1 July 1983. The case was a landmark decision in Australian constitutional law, and was a significant moment in the history of conservation in Australia...
  
   (1983): examined the extent of the Commonwealth's External affairs power and the corporations power, aka the Tasmanian Dams Case
• Fencott v Muller (1983): extent of corporations power
• CYSS case (1983): extent of the conciliation and arbitration power
• Hematite Petroleum Pty Ltd v Victoria
  Hematite Petroleum Pty Ltd v Victoria
  Hematite Petroleum Pty Ltd v Victoria 151 CLR 599 is a High Court of Australia case that deals with section 90 of the Australian Constitution.- Background :...
  
   (1983): deals with s90 of the Constitution.
• Chamberlain v The Queen (1984): unsuccessful challenge by Lindy Chamberlain
  Lindy Chamberlain
  Alice Lynne Chamberlain-Creighton was at the centre of one of Australia's most publicised murder trials, in which she was convicted of killing her baby daughter, Azaria. The conviction was later overturned.-Early life:...
  
   to her conviction for murder of her daughter Azaria
  Azaria Chamberlain disappearance
  Azaria Chantel Loren Chamberlain was a nine-week-old Australian baby girl, who disappeared on the night of 17 August 1980 on a camping trip to Uluru with her family. Her body was never found. Her parents, Lindy and Michael Chamberlain, reported that she had been taken from their tent by a dingo...
  
  
• A v Hayden (1984)
• Kioa v West
  Kioa v West
  Kioa v West [1985] HCA 81; 159 CLR 550, was a notable case decided in the High Court of Australia regarding the extent and requirements of natural justice and procedural fairness in administrative decision making.-Background:...
  
   (1985): extended the application of the doctrine of natural justice in administrative decision making.
• Kirmani v Captain Cook Cruises Pty Ltd (No 2)
  Kirmani v Captain Cook Cruises Pty Ltd (No 2)
  Kirmani v Captain Cook Cruises Pty Ltd [1985] HCA 27; 159 CLR 461, was a decision handed down in the High Court of Australia on 17 April 1985 concerning section 74 of the Constitution of Australia...
  
   (1985): application for certificate to appeal to Privy Council
  Judicial Committee of the Privy Council
  The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
  
  
• He Kaw Teh v R (1985): Strict liability
  Strict liability
  In law, strict liability is a standard for liability which may exist in either a criminal or civil context. A rule specifying strict liability makes a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability...
  
   / Moral culpability issues in importing prohibited imports.
• Australasian Meat Industry Employees Union v Mudginberri Station (1986)
• Williams v The Queen
  Williams v The Queen
  Williams v The Queen was a decision handed down in the High Court of Australia on 26 August 1986. The applicant was indicted before the Supreme Court of Tasmania on twenty-nine counts - fifteen of burglary and fourteen of stealing...
  
   (1986): Admission of evidence.

The Mason Court: 1987–1995

• Waltons Stores v Maher
  Waltons Stores (Interstate Ltd) v. Maher
  Waltons Stores Ltd v Maher 164 CLR 387, 62 ALJ 110, is a leading case in Australian contract law. The Australian High Court decided that estoppel, in certain circumstances could be a cause of action.-Facts:...
  
   (1988): equitable doctrines of unconscionability in commercial law
• Trident General Insurance v McNiece (1988)
• Cole v Whitfield
  Cole v Whitfield
  Cole v Whitfield 165 CLR 360; [1988] HCA 18 was a landmark High Court of Australia decision where the Court overruled the long-held notion that the words "absolutely free" in Section 92 of the Australian Constitution protected a personal individual right of freedom in interstate trade. It was...
  
   (1988) 164 CLR 360: Authority to s92. Significant also for holding that convention debates can be used to determine the meaning of words in the Australian Constitution
  Constitution of Australia
  The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
  
  
• Mabo v Queensland (1988)
  Mabo v Queensland (1988)
  Mabo v Queensland was a significant court case decided in the High Court of Australia on 8 December 1988. It found that the Queensland Coast Islands Declaratory Act, which attempted to retrospectively abolish native title rights, was not valid according to the Racial Discrimination Act...
  
  : held that Australian governments were not able to abolish native title
  Native title
  Native title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
  
   rights arbitrarily
• Air Caledonie v Commonwealth
  Air Caledonie v Commonwealth
  Air Caledonie v Commonwealth 165 CLR 462 is a High Court of Australia case that provides guidance as to the constitutional definition of a tax.-Facts:...
  
   (1988): Provides guidance as to the constitutional definition of a tax.
• Bath v Alston Holdings Pty Ltd
  Bath v Alston Holdings Pty Ltd
  Bath v Alston Holdings Pty Ltd 165 CLR 411 is a High Court of Australia case that discusses the application of the freedom of interstate trade, as specified in section 92 of the Australian Constitution...
  
   (1988): application of the freedom of interstate trade, as specified in s92 of the Constitution.
• New South Wales v Commonwealth
  New South Wales v Commonwealth (1990)
  New South Wales v The Commonwealth [1990] HCA 2; 169 CLR 482; 90 ALR 355, also known as the Incorporation Case, was a decision handed down in the High Court of Australia on 8 February 1990 concerning the corporations power in s51 of the Commonwealth Constitution...
  
   (1990): whether the Commonwealth had the power to legislate for the formation of companies
• Annetts v McCann (1990): natural justice requirements for royal commissions
• Castlemaine Tooheys Ltd v South Australia
  Castlemaine Tooheys Ltd v South Australia
  Castlemaine Tooheys Ltd v South Australia 169 CLR 436 is a High Court of Australia case that deals with whether a particular Act of South Australia contravenes section 92 of the Australian Constitution, which is about the freedom of interstate trade....
  
   (1990): Freedom of interstate trade.
• Barley Marketing Board (NSW) v Norman
  Barley Marketing Board (NSW) v Norman
  Barley Marketing Board v Norman 171 CLR 182 is a High Court of Australia case that deals with the question of whether State-run marketing boards are permissible under section 92 of the Australian Constitution, which deals with the freedom of interstate trade and commerce.- Background :By a...
  
   (1990): question of whether State-run marketing boards are permissible under s92 of the Constitution
• Polyukhovich v Commonwealth
  Polyukhovich v Commonwealth
  Polyukovich v The Commonwealth [1991] HCA 32; 172 CLR 501, commonly referred to as the War Crimes Act Case, was a significant case decided in the High Court of Australia regarding the scope of the external affairs power in section 51 of the Constitution and the judicial power of the...
  
   (1991): validity of the War Crimes Act 1945, aka the War Crimes Act Case
• Dietrich v The Queen
  Dietrich v The Queen
  Dietrich v The Queen was an important case decided in the High Court of Australia on 13 November 1992. It concerned the nature of the right to a fair trial, and under what circumstances indigent defendants should be provided with legal aid by the state...
  
   (1992): held that the lack of legal representation for an accused charged with a serious crime may result in an unfair trial.
• Mabo v Queensland (No 2) (1992): landmark native title
  Native title
  Native title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
  
   case (aka Mabo)
• Australian Capital Television Pty Ltd v Commonwealth
  Australian Capital Television Pty Ltd v Commonwealth
  Australian Capital Television v Commonwealth 177 CLR 106 was a significant court case decided in the High Court of Australia on 30 September 1992...
  
   (1992): an implied restriction on parliament in the Constitution which prevents it in passing legislation which interferes with political communication.
• Nationwide News Pty Ltd v Wills
  Nationwide News Pty Ltd v Wills
  Nationwide News Pty Ltd v Wills 177 CLR 1 is a High Court of Australia case that deals with a number of issues regarding the Australian Constitution, including freedom of interstate intercourse , the implied freedom of political communication, and the role of proportionality.- Background :The...
  
   (1992): implied freedom of political communication
• Sykes v Cleary (1992): examined what was constitutionally required in order for a prospective federal political candidate to renounce any dual citizenship so as not to have their election invalidated under subsection 44(i) of the Constitution
• Rogers v Whitaker (1992)
• Secretary of the Department of Health and Community Services v JWB and SMB
  Marion's Case
  Marion's Case, the common name for the case Secretary of the Department of Health and Community Services v JWB and SMB, is one of the primary cases under Australian law for deciding whether a child has the capacity to make decisions for themselves, and when this is not possible, who may make...
  
   (1992): (aka Marion's Case) looking at the capacity for children and parents to make decisions about the child's welfare – and when only a court order will provide proper consent.
• Leeth v Commonwealth
  Leeth v Commonwealth
  Leeth v Commonwealth 174 CLR 455 is a High Court of Australia case that deals with the implied right of legal equality in the Australian Constitution.- Background :...
  
   (1992): implied right of legal equality in the Constitution.
• Cheatle v The Queen (1993): nature of constitutional guarantee for trial by jury where Commonwealth judicial power exercised by state courts
• Australian Tape Manufacturers Association Ltd v Commonwealth
  Australian Tape Manufacturers Association Ltd v Commonwealth
  Australian Tape Manufacturers Association Ltd v Commonwealth 176 CLR 480 is a High Court of Australia case that provides guidance as to the constitutional definition of a tax.-Facts:...
  
   (1993): Provides guidance as to the constitutional definition of a tax.
• Northern Suburbs General Cemetery Reserve Trust v Commonwealth
  Northern Suburbs General Cemetery Reserve Trust v Commonwealth
  Northern Suburbs General Cemetery Reserve Trust v Commonwealth 176 CLR 555 is a High Court of Australia case that considered the scope of the taxation power.-Facts:...
  
   (1993): Case that considered the scope of the taxation power.
• Federal Commissioner of Taxation v Peabody
  Federal Commissioner of Taxation v Peabody
  Federal Commissioner of Taxation v Peabody was a 1994 High Court of Australia tax case concerning certain transactions made by the Peabody family business...
  
   (1994): The ATO
  Australian Taxation Office
  The Australian Taxation Office is an Australian Government statutory agency and the principal revenue collection body for the Australian Government. The ATO has responsibility for administering the Australian federal taxation system and superannuation legislation...
  
   sought to apply anti-avoidance provisions of the Income Tax Assessment Act 1936
  Income Tax Assessment Act 1936
  Income Tax Assessment Act 1936 is an act of the Parliament of Australia. It's one of the main statutes under which income tax is calculated. The act is gradually being rewritten into the Income Tax Assessment Act 1997, and new matters are generally now added to the 1997 act.The reason for...
  
  .
• Burnie Port Authority v. General Jones Pty (1994): tort law case which decided it would abolish the rule in Rylands v. Fletcher.
• Teoh's Case
  Minister of State for Immigration and Ethnic Affairs v Teoh
  Minister of State for Immigration and Ethnic Affairs v Teoh was an Australian court case which was decided by the High Court of Australia on April 7, 1995...
  
   (1995)
• Re Australian Education Union
  Re Australian Education Union
  Re Australian Education Union 184 CLR 188 is a High Court of Australia case that discusses intergovernmental immunities in relation to the Australian Constitution....
  
   (1995): intergovernmental immunities in relation to the Constitution.
• Brandy v Human Rights and Equal Opportunity Commission
  Brandy v Human Rights and Equal Opportunity Commission
  - Facts of the case :Up until 1992, Australia's Human Rights and Equal Opportunity Commission , in response to complaints of racial discrimination lodged in accordance with the Racial Discrimination Act 1975 , was able to make determinations. These were voluntary, and in the event complainants...
  
   (1995):

The Brennan

Gerard Brennan

Sir Francis Gerard Brennan, AC, KBE, QC , is an Australian lawyer, judge and 10th Chief Justice of Australia. He is father to Jesuit priest and lawyer Frank Brennan....

 Court: 1995–1998

• Grollo v Palmer (1995)
• Kable v Director of Public Prosecutions for NSW
  Kable v Director of Public Prosecutions for NSW
  Kable v Director of Public Prosecutions for NSW 189 CLR 51; [1996] HCA 24 was a significant case decided in the High Court of Australia regarding the Chapter III rights in the Constitution and the scope of power of state courts vested with federal jurisdiction.-Background:The Parliament of New...
  
   (1996): Nature of the judicial power of the Commonwealth, as exercised by State supreme courts; indefinite detention repugnant to judicial power
• Wik Peoples v Queensland (1996): native title
  Native title
  Native title is the Australian version of the common law doctrine of aboriginal title.Native title is "the recognition by Australian law that some Indigenous people have rights and interests to their land that come from their traditional laws and customs"...
  
   case
• Industrial Relations Act case (1996): examination of various constitutional bases for 1993 amendments to Industrial Relations Act 1998
• Leask v Commonwealth
  Leask v Commonwealth
  Leask v Commonwealth 187 CLR 579 is a High Court of Australia case that discussed the role of proportionality in the Australian Constitution.- Background :...
  
   (1996) discussed the role of proportionality in the Constitution
• Lange v ABC (1997): implied rights to freedom of political communications
• Levy v Victoria (1997): implied rights to freedom of political communications
• Ha v New South Wales
  Ha v New South Wales
  Ha v New South Wales 189 CLR 465 is a High Court of Australia case that dealt with section 90 of the Australian Constitution, which prohibits States from levying excise.-Facts:...
  
   (1997): the court invalidated a New South Wales tobacco licensing scheme, reining in the licensing scheme exception to the prohibition states levying excise duties, contained in section 90 of the Australian Constitution.
• Kruger v Commonwealth
  Kruger v Commonwealth
  Kruger v Commonwealth 190 CLR 1, also known as the Stolen Generation Case, is a High Court of Australia case that deals with any implied right to legal equality, and the section 116 prohibition on the establishment of a religion.- Background :...
  
   (1997): the stolen generations case.
• CSR v Cigna Insurance (1997): rules for granting of anti-suit injunctions
• Esanda Finance Corporation Ltd v Peat Marwick Hungerfords
  Esanda Finance Corporation Ltd v Peat Marwick Hungerfords
  Esanda Finance Corporation Ltd v Peat Marwick Hungerfords was a High Court case regarding the liability of auditors to third parties. It was decided on 18 March 1997. The appellant, Esanda Finance Corporation Ltd, loaned money to a corporation in reliance on a report prepared by a finance...
  
   (1997): liability of auditors to third parties
• Kartinyeri v The Commonwealth [1998] HCA 22: Hindmarsh Island Bridge Case Dispute regarding the Hindmarsh Island Bridge. Issue regarding the scope of the race power.
• Patrick Stevedores v MUA
  Patrick Stevedores v MUA
  Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia ; .This decision of the High Court was the culmination of the legal aspects of the 1998 Australian waterfront dispute, in which a major stevedoring operation, the Patrick group of companies, sought to replace its largely...
  
   (1998): waterfront dispute case
• Wilson v Minister for Aboriginal and Torres Strait Islander Affairs (1998)
• Gould v Brown (1998): unsuccessful challenge to cross-vesting scheme (precursor to Re Wakim)
• Garcia v National Australia Bank
  Garcia v National Australia Bank
  Garcia v National Australia Bank was an important case decided in the High Court of Australia on 6 August 1998. The case determined the circumstances under which it is unconscionable for a lender to enforce a transaction against a wife...
  
   (1998): Determined the circumstances under which it is unconscionable for a lender to enforce a transaction against a wife
• Bathurst City Council v PWC Properties Pty Ltd (1998): involved Council-owned land that was being used as a public car park.

The Gleeson

Murray Gleeson

Anthony Murray Gleeson AC QC is a former Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy.-Biography:Gleeson was born in Wingham, New South Wales, the eldest of four children...

 Court: 1998 – 2008

• Egan v Willis (1998) powers of the houses of a state parliament
• Re Wakim; Ex parte McNally
  Re Wakim; Ex parte McNally
  Re Wakim; Ex parte McNally was a significant case decided in the High Court of Australia on 17 June 1999. The case concerned the constitutional validity of cross-vesting of jurisdiction, in particular, the vesting of state companies law jurisdiction in the Federal Court.-Background:As part of the...
  
   (1999): invalidation of part of the cross-vesting of jurisdiction scheme
• Sue v Hill
  Sue v Hill
  Sue v Hill was an Australian court case decided in the High Court of Australia on 23 June 1999. It concerned a dispute over the apparent return of a candidate, Heather Hill, to the Australian Senate in the 1998 federal election...
  
   (1999): British citizens are citizens of a 'foreign power'
• Bond v The Queen
  Bond v The Queen
  Bond v The Queen [2000] HCA 13; 201 CLR 213; 169 ALR 607, was a significant case decided in the High Court of Australia regarding the power of the Commonwealth DPP to institute appeals in state courts....
  
   (2000): decision relating to the power of the federal prosecutor to institute appeals in state courts.
• R v Hughes (2000): power of federal officers to enforce state laws.
• Truth About Motorways (2000): standing under Trade Practices Act 1974
  Trade Practices Act 1974
  The Competition and Consumer Act 2010 is an act of the Parliament of Australia. On 1 January 2011 the Trade Practices Act 1974 was renamed the Competition and Consumer Act 2010. The act provides for protection of consumers and prevents some restrictive trade practices of companies. It is the key...
  
  
• Airservices Australia v Canadian Airlines International Ltd
  Airservices Australia v Canadian Airlines International Ltd
  Airservices Australia v Canadian Airlines International Ltd 202 CLR 133 is a High Court of Australia case that affirms previous High Court definitions of a tax.-Facts:...
  
   (2000): Affirms previous High Court definitions of a tax.
• R v Carroll
  R v Carroll
  R v Carroll 213 CLR 635; [2002] HCA 55 is a decision of the High Court of Australia which unanimously upheld a Queensland appellate court’s decision to stay an indictment for perjury as the indictment was found to controvert the respondent’s earlier acquittal for murder...
  
   (2002): double jeopardy
  Double jeopardy
  Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same, or similar charges following a legitimate acquittal or conviction...
  
   issue
• Gutnick v Dow Jones (2002): Issue of where defamatory material was published.
• Luton v Lessels
  Luton v Lessels
  Luton v Lessels 165 CLR 462 is a High Court of Australia case that affirms previous High Court definitions of a tax.-Facts:The Commonwealth established a Child Support scheme where a non-custodial parent was required to pay an amount of their income to the custodial parent to assist in the costs...
  
   (2002): Affirms previous High Court definitions of a tax.
• Cattanach v Melchior
  Cattanach v Melchior
  Cattanach v Melchior [2003] HCA 38; 215 CLR 1, was a significant case decided in the High Court of Australia regarding the tort of negligence in a medical context...
  
   (2003): medical negligence – a doctor forced to pay upkeep of a child born as a result of his negligence.
• NEAT Australia Holdings v AWB Ltd
  NEAT Australia Holdings v AWB Ltd
  - Background :AWB had been granted a monopoly over the export of wheat in Australia. No other company could export wheat in bulk without the AWB's consent. NEAT Domestic Trading was a grain trader. It requested consent to export wheat and was refused...
  
   (2003): ambit of administrative law in the case of commercialised state corporations
• Austin v Commonwealth
  Austin v Commonwealth
  Austin v Commonwealth 215 CLR 185, is a High Court of Australia case that deals with issues of intergovernmental immunity and discrimination of states against Commonwealth power.- Background :...
  
   (2003): Case that deals with issues of intergovernmental immunity and discrimination of states against Commonwealth power.
• Al-Kateb v Godwin
  Al-Kateb v Godwin
  Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a stateless person was lawful. The case concerned Ahmed Al-Kateb, a Palestinian man born in Kuwait, who moved to Australia in 2000 and applied for a temporary protection visa...
  
   (2004): considered the legality of indefinite immigration detention
• Electrolux v AWU
  Electrolux v AWU
  The case of Electrolux v The Australian Workers' Union was a High Court of Australia decision of 2004.-The Background to the Case:The case dealt with whether bargaining agent's fees were able to be placed within an enterprise bargaining agreement as created by the Workplace Relations Act ...
  
   (2004): industrial relations – scope of content of certified agreements
• Fardon v Attorney-General (Qld)
  Fardon v Attorney-General (Qld)
  Fardon v Attorney-General 223 CLR 575 was a case decided in the High Court of Australia regarding the separation of powers in Australia.-Background:...
  
   (2004): Regarding the separation of powers.
• Coleman v Power
  Coleman v Power
  Coleman v Power 220 CLR 1 is a High Court of Australia case that deals with the implied right to freedom of political communication found in the Australian Constitution.- Background :...
  
   (2004): Deals with the implied right to freedom of political communication found in the Australian Constitution.
• Combet v Commonwealth
  Combet v Commonwealth
  Combet v Commonwealth was an Australian court case decided in the High Court of Australia in 2005. The case was the result of a challenge against the lawfulness of the Federal Government's use of public funds to advertise the new Workchoices laws....
  
   (2005): challenge against Federal Government's use of public funds to advertise Workchoices
• Stevens V Kabushiki Kaisha Sony Computer Entertainment (2005)
  Stevens V Kabushiki Kaisha Sony Computer Entertainment (2005)
  Stevens V Kabushiki Kaisha Sony Computer Entertainment HCA 58 was a landmark case in the digital realm. This was the first case in Australia to define the "anti-circumvention" provisions of the Digital Agenda Act 2000 . In addition this was the first case in which relief had been sought pursuant...
  
  : first case in Australia to define the "anti-circumvention" provisions of the Digital Agenda Act 2000 (Cth)
• Harriton v Stephens
  Harriton v Stephens
  Harriton v Stephens was a decision of the High Court of Australia handed down on 9 May 2006, in which the court dismissed a "wrongful life" claim brought by a disabled woman seeking the right to compensation for being born after negligent medical advice that resulted in her mother's pregnancy not...
  
   (2006): medical negligence – consideration of whether damages could be awarded where claim of "wrongful life"
• New South Wales v Commonwealth
  New South Wales v Commonwealth
  New South Wales v Commonwealth could refer to a number of High Court of Australia cases:* New South Wales v Commonwealth 7 CLR 179* New South Wales v Commonwealth 20 CLR 54, Wheat Case...
  
   (2006): considered the constitutional validity of WorkChoices
  WorkChoices
  The Workplace Relations Act 1996, as amended by the Workplace Relations Amendment Act 2005, popularly known as Work Choices, was a Legislative Act of the Australian Parliament that came into effect in March 2006 which involved many controversial amendments to the Workplace Relations Act 1996, the...
  
  , (aka Workplace Relations Case) in the context of the Commonwealth's corporations
  Section 51(xx) of the Australian Constitution
  Section 51 of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right to legislate with respect to "foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth"...
  
   and industrial relations powers.
• New South Wales v Fahy
  New South Wales v Fahy
  On 22 May 2007, the High Court of Australia handed down a judgment in the case of New South Wales v Fahy. The proceedings were started by Gemma Fahy, a former police officer in New South Wales, who sued the state for failing to provide a safe working environment...
  
   (2007): workplace negligence – whether to override the existing test for breach of duty of care in Australia.
• Roach v Electoral Commissioner
  Roach v Electoral Commissioner
  Roach v Electoral Commissioner HCA 43 is a High Court of Australia case dealing with the validity of Commonwealth legislation that prevented prisoners from voting...
  
   (2007) : Whether laws disenfranchising all prisoners were constitutional.
• Thomas v Mowbray
  Thomas v Mowbray
  Thomas v Mowbray [2007] HCA 33, was a decision handed down in the High Court of Australia on 2 August 2007 concerning the validity of Subdivision B of Division 104 of the Commonwealth Criminal Code, which allows the for imposition of "interim control orders"...
  
   (2007): Whether "interim control orders" were constitutional.
• Australian Competition and Consumer Commission v Baxter Healthcare
  Australian Competition and Consumer Commission v Baxter Healthcare
  Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a tenderer for various government contracts, was bound by the Trade Practices Act 1974 in its trade and...
  
   (2007): Derivative Crown immunity from statutes – whether a government contractor is bound by the Trade Practices Act 1974 (Cth) in its commercial dealings with the Crown.
• Betfair Pty Limited v Western Australia
  Betfair Pty Limited v Western Australia
  Betfair Pty Limited v Western Australia 234 CLR 418; 244 ALR 32; HCA 11] determined whether a series of amendments made by the Western Australian government to prohibit the operation of betting exchanges amounted to discriminatory burdens of a protectionist kind.-Background:The first plaintiff,...
  
   (2008): determined whether a series of amendments made by the Western Australian government to prohibit the operation of betting exchanges amounted to discriminatory burdens of a protectionist kind.

The French

Robert French

Robert Shenton French, AC is Chief Justice of the High Court of Australia, the highest court in the Australian court hierarchy....

 Court: 2008 – present

• Cesan v The Queen
  Cesan v The Queen
  Cesan v The Queen 83 ALJR 43 was a decision handed down in the High Court of Australia on 3 September 2008 quashing the convictions of two men for conspiring to import a commercial quantity of narcotics...
  
   (2008): Whether there was a miscarriage of justice in the conviction of two men for drug trafficking where the trial judge was asleep during parts of the trial.
• Pape v The Commissioner of Taxation of the Commonwealth of Australia (2009): Whether the Rudd
  Kevin Rudd
  Kevin Michael Rudd is an Australian politician who was the 26th Prime Minister of Australia from 2007 to 2010. He has been Minister for Foreign Affairs since 2010...
  
   government's tax bonuses are constitutionally valid.
• Plaintiff M70/2011 & Plantiff M106 of 2011 by his Litigation Guardian v Minister for Immigration and Citizenship (2011)