This page will help you find cases on the Commonwealth Constitution. For more detailed information about finding Australian cases, please see the Australian Case Law page on our Australian Cases, Legislation and Law Reform Research Guide.
All books discussing your topic will refer to leading cases. For landmark constitutional cases (the most important cases), see the following book, but note it was written in 2003, so use more recent books to update it:
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Australia has no constitutional court. Matters arising under the Constitution or involving its interpretation are heard in courts of general jurisdiction.
The following all have similar content, but enough differences to make it worth using all if you want to search comprehensively.
Landmark decisions on the Commonwealth Constitution are made by the High Court of Australia and reported in the authorised report series, the Commonwealth Law Reports ('CLR').
Section 51 Landmark Decisions
Kartinyeri v Commonwealth (1998) 195 CLR 337; [1998] HCA 22 ('Hindmarsh Island Bridge Case') - dispute regarding the Hindmarsh Island Bridge and the issue regarding the scope of the race power. Click here for You Tube video.
Commonwealth v Tasmania (1983) 158 CLR 1; [1983] HCA 21 ('Tasmanian Dam Case') - in this case, the Commonwealth succeeded in stopping the building of a hydro-electricity dam proposed for Tasmania. It was held that the Commonwealth had power under section 51 (xxix) of the Constitution to stop the dam based on Australia's international obligations under the World Heritage Convention.
Australian Communist Party v The Commonwealth (1951) 83 CLR 1; [1951] HCA 5 (the 'Communist Party Case'). This case revolved around the validity of the Communist Party Dissolution Act introduced by the Prime Minister 1950 pledging to dissolve the Australian Communist Party. The Court held that the Commonwealth had legislative power to protect itself from subversion under the Crimes Act 1914 (Cth), yet the Communist Party Dissolution Act had simply declared the party guilty in its 'recitals' in the preamble and was therefore invalid.
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129; [1920] HCA 54 ("Engineers' Case") - this case overturned the doctrine of implied intergovernmental immunities and reserved state powers and established the modern basis for the legal understanding of federalism in Australia.
Pape v Commissioner of Taxation (2009) 238 CLR 1; [2009] HCA 23 - this case revolved around the constitutional validity of the Tax Bonus for Working Australians Act (No 2) 2009 (Cth) which gave one-off payments of up to $900 to Australian taxpayers. By a margin of 4-3, the High Court held that the Act was a valid law under the Constitution.
Cole v Whitfield (1988) 165 CLR 360; [1988] HCA 18 (the 'Tasmanian Lobster Case'). In this case, the High Court overruled the long-held notion that the words "absolutely free" in section 92 of the Australian Constitution protected a personal individual right of freedom in interstate trade. It was instead replaced with the economic notion of "free trade". The Court also overruled two long settled approaches to the interpretation of the Constitution, that no regard could be had to the debates of Constitutional Conventions in the interpretation of the Constitution.
In 1942, the Commonwealth passed four new laws designed to raise funds to support the war effort by encouraging the States to give up their right to collect income tax. On June 22 1942, South Australia, Victoria, Queensland and Western Australia went to the High Court seeking the legislation to be declared invalid. In the case of South Australia v Commonwealth (1942) (1942) 65 CLR 373, [1942] HCA 14 (the 'First Uniform Tax Case'), the High Court ruled that the four pieces of legislation were valid. In 1957, Victoria again challenged the constitutionality of the scheme. But in Victoria v Commonwealth (1957) (1957) 99 CLR 575, [1957] HCA 54 (the 'Second Uniform Tax Case'), the Court held that Commonwealth grants to the States under section 96 of the Constitution may be validly tied to prescribed purposes.
Source: H P Lee and George Winterton, Australian Constitutional Landmarks edited by (Cambridge University Press, 2003)