List of High Court of Australia cases

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This is a chronological list of significant cases decided by the High Court of Australia.

Contents

[edit] The Griffith Court: 1903-1919

  • Dalgarno v Hannah (1903): the first case decided by the Court
  • Jumbunna Coalmine (1908): Registration of Trade Unions incidental to pl.(xxxv)
  • R v Barger (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 demands are capable of creating an industrial dispute under pl.(xxxv)

[edit] The Knox Court: 1919 - 1930

  • Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd. (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
  • Melbourne Corporation v Barry (1922): early civil liberties case, striking down a municipal attempt to regulate street marches.
  • Roche v Kronheimer: Concluded that Federal Parliament had the power to implement the Treaty of Versallies under the defence power. One veiw was also under the external affair power.

[edit] The Isaacs Court 1930-1931

[edit] The Duffy 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.
  • Attorney-General (New South Wales) v Trethowan (1931): which considered Premier of New South Wales Jack Lang's attempt to abolish the New South Wales Legislative Council.
  • First State Garnishee case (1932)

[edit] The Latham Court: 1935-1952

[edit] The Dixon Court: 1952-1964

[edit] The Barwick Court: 1964-1981

  • Strickland v Rocla Concrete Pipes Ltd (1971): landmark trade practices case, aka the Concrete Pipes Case
  • King v Jones (1972): considered the nature of section 41 of the Australian Constitution
  • New South Wales v The Commonwealth (1975): sovereignty over the continental shelf, aka the Seas and Submerged Lands Case
  • The First Territory Senators Case
  • Murphyores Inc Pty Ltd v Commonwealth (1976) 136 CLR 1; [1976] HCA 20: prevention of activity within a grant of legislative power
  • Sankey v Whitlam (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 it's current revenue included a significant proportion of trading activities.

[edit] The Gibbs Court: 1981-1987

  • Koowarta v Bjelke-Petersen (1982): the constitutional validity of the Racial Discrimination Act 1975
  • Actors and Announcers Equity Association v. Fontana Films Pty Ltd (1982): extent of corporations power
  • R v Pearson; Ex parte Sipka (1983): found that there is no constitutional right to vote in Australia
  • Commonwealth v Tasmania (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
  • Chamberlain v The Queen (1984): unsuccessful challenge by Lindy Chamberlain to her conviction for murder of her daughter Azaria
  • A v Hayden (1984)
  • Kioa v West (1985): extended the application of the doctrine of natural justice in administrative decision making.
  • Australasian Meat Industry Employees Union v Mudginberri Station (1986)

[edit] The Mason Court: 1987-1995

  • Waltons Stores v Maher (1988): equitable doctrines of unconscionability in commercial law
  • Trident General Insurance v McNiece (1988)
  • Cole v Whitfield (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
  • Mabo v Queensland (1988): held that Australian governments were not able to arbitrarily abolish native title rights
  • New South Wales v Commonwealth (1990): whether the Commonwealth had the power to legislate for the formation of companies
  • Annetts v McCann (1990): natural justice requirements for royal commissions
  • Polyukhovich v Commonwealth (1991): validity of the War Crimes Act 1945, aka the War Crimes Act Case
  • Dietrich v The Queen (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 case
  • Australian Capital Television Pty Ltd v Commonwealth (1992): an implied restriction on parliament in the Constitution which prevents it in passing legislation which interferes with political communication.
  • Nationwide News v Wills (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)
  • Cheatle v The Queen (1993): nature of constitutional guarantee for trial by jury where Commonwealth judicial power exercised by state courts
  • Teoh's Case (1995)

[edit] The Brennan Court: 1995-1998

  • Grollo v Palmer (1995)
  • Kable v Director of Public Prosecutions for NSW (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 case
  • Industrial Relations Act case (1996): examination of various constitutional bases for 1993 amendments to Industrial Relations Act 1998
  • 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 (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 (1997): the stolen generations case.
  • CSR v Cigna Insurance (1997): rules for granting of anti-suit injunctions
  • 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 (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 (precurser to Re Wakim)

[edit] The Gleeson Court: 1998 - present

[edit] See also

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