List of High Court of Australia cases
From Wikipedia, the free encyclopedia
This is a chronological list of significant cases decided by the High Court of Australia.
[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 view 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
- R v Burgess; Ex parte Henry (1936): External affairs power extends to implemnting treaties.
- 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 (1942)
- Adelaide Company of Jehovah's Witnesses v Commonwealth (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 (1947): limits to Commonwealth legislative power implied from federal nature of Constitution
- Bank of New South Wales v Commonwealth (1948): striking down of an attempt to nationalize the banks, aka the Bank Nationalisation Case
- Australian Communist Party v The Commonwealth (1951): the constitutional validity of the Communist Party Dissolution Act 1950, aka the Communist Party Case
[edit] The Dixon Court: 1952-1964
- R v Kirby; Ex parte Boilermakers' Society of Australia (1956): cornerstone decision confirming the separation of judicial and executive powers of the Commonwealth. Known as the Boilermakers' case.
- Second Uniform Tax case (1957)
[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)
- Marion's Case (1992): 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.
- 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 (precursor to Re Wakim)
[edit] The Gleeson Court: 1998 - present
- Egan v Willis (1998) powers of the houses of a state parliament
- Re Wakim; Ex parte McNally (1999): invalidation of part of the cross-vesting of jurisdiction scheme
- Sue v Hill (1999): British citizens are citizens of a 'foreign power'
- Bond v The Queen (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
- R v Carroll (2002): double jeopardy issue
- Gutnick v Dow Jones (2002): Issue of where defamatory material was published.
- Cattanach v Melchior (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 (2003): ambit of administrative law in the case of commercialised state corporations
- Al-Kateb v Godwin (2004): considered the legality of indefinite immigration detention
- Electrolux v AWU (2004): industrial relations - scope of content of certified agreements
- New South Wales v Commonwealth: considered the constitutional validity of WorkChoices, also known as The Workplace Relations Challenge in the context of the Commonwealth's corporations and industrial relations powers.
