List of High Court of Australia cases

List of High Court of Australia cases

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

=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)

=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.

= The Isaacs Court 1930-1931=

= 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.
* 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): 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

= 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)

= 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.

= 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.
*Kirmani v Captain Cook Cruises Pty Ltd (No 2) (1985): application for certificate to appeal to Privy Council
*Australasian Meat Industry Employees Union v Mudginberri Station (1986)

= 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)

= 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)

= 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
*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
*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, also known as The Workplace Relations Challenge 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.
*Thomas v Mowbray (2007): Whether "interim control orders" were constitutional.

= The French Court: 2008 - present =

*Cesan v The Queen: 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.

ee also

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

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