List of High Court of Australia cases

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

Contents 1 The Griffith Court: 1903–1919 2 The Knox Court: 1919–1930 3 The Duffy Court 1931–1935 4 The Latham Court: 1935–1952 5 The Dixon Court: 1952–1964 6 The Barwick Court: 1964–1981 7 The Gibbs Court: 1981–1987 8 The Mason Court: 1987–1995 9 The Brennan Court: 1995–1998 10 The Gleeson Court: 1998 – 2008 11 The French Court: 2008 – present 12 See also

The Griffith Court: 1903–1919

• Dalgarno v Hannah (1903): the first case decided by the Court
• Peterswald v Bartley (1904): Dealt with s90 of the Australian Constitution, which prohibits States from levying excise.
• D'Emden v Pedder (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 (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)

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
• R v Licensing Court of Brisbane; Ex parte Daniell (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 (1926): Inconsistency between a Commonwealth and a State law
• R v. Clarke (1927): law of contract.

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)

The Latham Court: 1935–1952

• R v Burgess; Ex parte Henry (1936): External affairs power extends to implemnting treaties.
• Matthews v Chicory Marketing Board (Vic) (1938): Considered s90 of the Constitution, which prohibits States from levying excise.
• Deputy Federal Commissioner of Taxation (NSW) v W R Moran Pty Ltd (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 (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 (aka Melbourne Corporation case)
• In Re Davis (1947): Regarding the admission of legal practitioners and the jurisdiction of courts over barristers.
• Bank of New South Wales v Commonwealth (1948): striking down of an attempt to nationalise the banks, aka the Bank Nationalisation Case (Later affirmed by the Privy Council in Commonwealth v Bank of New South Wales)
• Parton v Milk Board (Vic) (1949): Dealt with the meaning of excise in relation to s90 of the Constitution.
• P J Magennis Pty Ltd v Commonwealth (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 (1951): Deals with the effect of s51(xxxi) on s96.

The Dixon Court: 1952–1964

• O'Sullivan v Noarlunga Meat Ltd (1954): Scope of the trade and commerce power, under s51
• 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.
• O'Sullivan v Noarlunga Meat Ltd (No 2) (1956) leave to appeal to the Privy Council against the previous decision of O'Sullivan v Noarlunga Meat Ltd
• Second Uniform Tax case (1957)
• Dennis Hotels Pty Ltd v Victoria (1960): Deals with s90 of the constitution, which prohibits States from levying export duties.
• Swift Australian Co (Pty) Ltd v Boyd Parkinson (1962): Regarding the scope of the trade and commerce power in s51(i) of the Constitution.
• Bolton v Madsen (1963): s90 of the Constitution, which prohibits States from levying excise duty
• Redfern v Dunlop Rubber Australia Ltd (1964): Regarding the scope of the trade and commerce power in s51(i) of the Constitution.
• Anderson's Pty Ltd v Victoria (1964): s90 of the Constitution

The Barwick Court: 1964–1981

• Fairfax v Commissioner of Taxation (1965): Case that considered the scope of the taxation power.
• Airlines of New South Wales Pty Ltd v New South Wales (No 2) (1965): validity of Commonwealth regulations about intrastate air navigation.
• Pacific Film Laboratories v Commissioner of Tax (1970): defined copyright
• Strickland v Rocla Concrete Pipes Ltd (1971): landmark trade practices case, aka the Concrete Pipes Case
• Victoria v Commonwealth (1971): 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 (1972): considered the nature of section 41 of the Australian Constitution
• Dickenson's Arcade Pty Ltd v Tasmania (1974): s90 of the 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
• Mullens v Federal Commissioner of Taxation (1976): Tax deductions for monies subscribed to a petroleum exploration company
• Cridland v Federal Commissioner of Taxation (1977): Tax scheme whereby university students became primary producers
• Slutzkin v Federal Commissioner Of Taxation (1977): Concerning the tax position of company owners who sold to a dividend stripping operation.
• 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 its current revenue included a significant proportion of trading activities.

The Gibbs 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 decision which overruled the High Court. This re-affirmed the broad approach taken to statements of negligent misrepresentation.
• 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
• Hematite Petroleum Pty Ltd v Victoria (1983): deals with s90 of the Constitution.
• 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.
• Kirmani v Captain Cook Cruises Pty Ltd (No 2) (1985): application for certificate to appeal to Privy Council
• He Kaw Teh v R (1985): Strict liability / Moral culpability issues in importing prohibited imports.
• Australasian Meat Industry Employees Union v Mudginberri Station (1986)
• Williams v The Queen (1986): Admission of evidence.

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 abolish native title rights arbitrarily
• Air Caledonie v Commonwealth (1988): Provides guidance as to the constitutional definition of a tax.
• Bath v Alston Holdings Pty Ltd (1988): application of the freedom of interstate trade, as specified in s92 of the Constitution.
• 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
• Castlemaine Tooheys Ltd v South Australia (1990): Freedom of interstate trade.
• Barley Marketing Board (NSW) v Norman (1990): question of whether State-run marketing boards are permissible under s92 of the Constitution
• 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 (aka Mabo)
• 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 Pty Ltd 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)
• Secretary of the Department of Health and Community Services v JWB and SMB (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 (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 (1993): Provides guidance as to the constitutional definition of a tax.
• Northern Suburbs General Cemetery Reserve Trust v Commonwealth (1993): Case that considered the scope of the taxation power.
• Federal Commissioner of Taxation v Peabody (1994): The ATO sought to apply anti-avoidance provisions of the Income Tax Assessment Act 1936.
• 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 (1995)
• Re Australian Education Union (1995): intergovernmental immunities in relation to the Constitution.
• Brandy v Human Rights and Equal Opportunity Commission (1995):

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
• Leask v Commonwealth (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 (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
• Esanda Finance Corporation Ltd v Peat Marwick Hungerfords (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 (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 (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 Court: 1998 – 2008

• 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
• Airservices Australia v Canadian Airlines International Ltd (2000): Affirms previous High Court definitions of a tax.
• R v Carroll (2002): double jeopardy issue
• Gutnick v Dow Jones (2002): Issue of where defamatory material was published.
• Luton v Lessels (2002): Affirms previous High Court definitions of a tax.
• 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
• Austin v Commonwealth (2003): Case that deals with issues of intergovernmental immunity and discrimination of states against Commonwealth power.
• Al-Kateb v Godwin (2004): considered the legality of indefinite immigration detention
• Electrolux v AWU (2004): industrial relations – scope of content of certified agreements
• Fardon v Attorney-General (Qld) (2004): Regarding the separation of powers.
• Coleman v Power (2004): Deals with the implied right to freedom of political communication found in the Australian Constitution.
• Combet v Commonwealth (2005): challenge against Federal Government's use of public funds to advertise Workchoices
• Stevens V Kabushiki Kaisha Sony Computer Entertainment (2005): first case in Australia to define the "anti-circumvention" provisions of the Digital Agenda Act 2000 (Cth)
• Harriton v Stephens (2006): medical negligence – consideration of whether damages could be awarded where claim of "wrongful life"
• New South Wales v Commonwealth (2006): considered the constitutional validity of WorkChoices, (aka Workplace Relations Case) in the context of the Commonwealth's corporations and industrial relations powers.
• New South Wales v Fahy (2007): workplace negligence – whether to override the existing test for breach of duty of care in Australia.
• Roach v Electoral Commissioner (2007) : Whether laws disenfranchising all prisoners were constitutional.
• Thomas v Mowbray (2007): Whether "interim control orders" were constitutional.
• Australian Competition and Consumer Commission v Baxter Healthcare (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 (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 Court: 2008 – present

• Cesan v The Queen (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 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)

See also

• List of Privy Council cases
• List of Australian Supreme Court cases