High Court cases

Mabo v Queensland No. 1 (1982) and No. 2 (1992)

Landmark case that overturned the doctrine of terra nullius, recognizing native title for Indigenous Australians.

M Case Year

1982 (No. 1), 1988 (Appeal), 1992 (No. 2).

M Key Issue

Whether Indigenous Australians had native title rights to their traditional lands.

M Decision

High Court ruled 6-1 in favor of Mabo, recognizing native title and abolishing terra nullius.

M Impact

Led to the Native Title Act 1993, established Native Title Tribunal, and influenced later cases like Wik v Queensland (1996).

M Legal Classification

Common law with constitutional implications.

M Court Power Demonstration

Parliament codified the decision into statute law (Native Title Act 1993).

NZYQ v Minister for Immigration (2023 HCA 37)

Case regarding indefinite detention of a stateless individual under the Migration Act.

NZYQ Case Year

2023.

NZYQ Key Issue

Whether detention without a foreseeable prospect of deportation is constitutional.

NZYQ Decision

High Court ruled detention unconstitutional if there is no real prospect of removal.

NZYQ Impact

Led to the release of detainees and subsequent legislative attempts to impose monitoring measures.

NZYQ Legal Classification

Common law.

NZYQ Court Power Demonstration

Held executive power accountable for unconstitutional detention.

Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920)

Case that shifted constitutional interpretation towards a more centralized federal government.

ASE Case Year

1920.

ASE Key Issue

Whether state government employers were bound by Commonwealth industrial laws under s51 (xxxv).

ASE Decision

High Court ruled in favor of the Commonwealth, rejecting implied state immunities.

ASE Impact

Strengthened federal power and set a precedent for literal constitutional interpretation.

ASE Legal Classification

Constitutional law, with a common law precedent rejecting implied state powers.

ASE Court Power Demonstration

Established High Court authority to interpret the Constitution based on its text, reducing state powers.

Australian Communist Party v Commonwealth (1951)

Case striking down a law banning the Australian Communist Party.

ACP Case Year

1951.

ACP Key Issue

Whether the Commonwealth could dissolve a political party without judicial determination.

ACP Decision

High Court ruled the Communist Party Dissolution Act 1950 unconstitutional.

ACP Impact

Prevented arbitrary government power to ban political parties; a referendum to reverse the decision failed.

ACP Legal Classification

Constitutional law.

ACP Court Power Demonstration

Reinforced judicial review and checked executive overreach.

Ha v New South Wales (1997)

Case determining state taxation limits under section 90 of the Constitution.

HA Case Year

1997.

HA Key Issue

Whether a NSW tobacco license fee was an unconstitutional excise duty.

HA Decision

High Court ruled the fee was an excise, which only the Commonwealth can impose.

HA Impact

Limited state taxation powers, leading to tax reforms such as the introduction of GST in 2000.

HA Legal Classification

Constitutional law.

HA Court Power Demonstration

Strengthened federal power by limiting state financial autonomy.

New South Wales v Commonwealth (2006) (Work Choices)

Case challenging the Howard Government’s Work Choices legislation.

WC Case Year

2006.

WC Key Issue

Whether the Commonwealth’s use of the corporations power (s51 xx) to regulate industrial relations was constitutional.

WC Decision

High Court upheld the legislation, allowing federal regulation of corporate employment conditions.

WC Impact

Increased federal control over workplace relations, reducing state influence.

WC Legal Classification

Constitutional law.

WC Court Power Demonstration

Expanded federal power in industrial relations, shifting the balance of federalism.

GetUp Ltd v Electoral Commissioner (2010)

Case on the validity of electronic signatures for voter registration.

GU Case Year

2010.

GU Key Issue

Whether digital signatures met the legal requirements for voter enrollment.

GU Decision

High Court ruled in favor of GetUp, stating electronic signatures fulfilled verification requirements.

GU Impact

Modernized voter registration, making it more accessible.

GU Legal Classification

Common law interpretation of the Electoral Act 1918.

GU Court Power Demonstration

High Court influenced electoral processes by adapting legal interpretations to technological advancements.

Williams v Commonwealth (2012 and 2014)

Case challenging executive spending on the National School Chaplaincy Program.

W Case Year

2012 and 2014.

W Key Issue

Whether the Commonwealth could fund the program without legislative approval.

W Decision

High Court ruled the funding unconstitutional, requiring parliamentary approval.

W Impact

Limited executive power to spend public money without legislation, increasing financial oversight.

W Legal Classification

Constitutional law, interpreting sections 61, 81, 96, and 51(xxiiiA).

W Court Power Demonstration

Strengthened parliamentary accountability over government spending.

WorkPac Pty Ltd v Rossato & Anors (2021)

Case defining casual employment under the Fair Work Act 2009.

WP Case Year

2021.

WP Key Issue

Whether casual employees with regular work patterns were entitled to leave benefits.

WP Decision

High Court ruled Rossato was a casual employee, reversing lower court decisions.

WP Impact

Clarified casual employment rights; led to legislative changes in industrial relations.

WP Legal Classification

Common law, later overridden by Parliament.

WP Court Power Demonstration

Set legal precedent on casual employment, prompting legislative reform.