List of High Court of Australia cases

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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
• Bond v Commonwealth (1903): priority of constitution over statute
• 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
• Tasmania v Commonwealth of Australia and Victoria (1904)
• 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)
• New South Wales v Commonwealth (1915): Separation of powers for Courts and the Inter-State Commission.

• 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. a.k.a. 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.
• Re Judiciary and Navigation Acts (1921): dealt with what is a matter for the court and what the court can hear.
• 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.
• Pirrie v McFarlane (1925): crown immunity case.

The Duffy Court 1931–1935

• 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)
• Tuckiar v the King (1934): race relations and lawyer duty case.
• 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.

The Latham Court: 1935–1952

• R v Burgess; Ex parte Henry (1936): External affairs power extends to implementing 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.
• South Australia v Commonwealth (First Uniform Tax case) (1942)
• Adelaide Company of Jehovah's Witnesses v Commonwealth (1943): strict limits to the Constitution's protections for religious freedom; a.k.a. Jehovah's Witnesses case
• First Pharmaceutical Benefits case (1945)
• Melbourne Corporation v Commonwealth (1947): limits to Commonwealth legislative power implied from federal nature of Constitution (a.k.a. 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, a.k.a. 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, a.k.a. 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
• Victoria v Commonwealth (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, a.k.a. 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, a.k.a. 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, a.k.a. 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): case arising from the Mudginberri dispute
• 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.
• ’’Richardson v Forestry Commission of Tasmania:applied external affairs powers following Tasmainan Dams Case.
• 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
• Attorney General (NSW) v Quin (1990):Legitimate expectation in Natural Justice and the extent a court can stop government policy
• Polyukhovich v Commonwealth (1991): validity of the War Crimes Act 1945, a.k.a. 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 (a.k.a. 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): (a.k.a. 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.
• Theophanous v Herald & Weekly Times Ltd (1994): implied freedom of political communication case.
• Minister of State for Immigration and Ethnic Affairs v Teoh (1995) a.k.a. Teoh's Case
• 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
• Henderson v Defence Housing Authority (1997)
• 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.
• Ruddock v Vadarlis (2001): prerogative power of the Executive Branch and habeas corpus
• 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, (a.k.a. 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.
• R v Tang (2008): significant slavery prosecution.

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.
• South Australia v Totani (2010): South Australian Bikie laws and freedom of association case.
• Rowe v Electoral Commissioner (2010): Validity of electoral law before the 2010 Australian Federal election.
• Plaintiff M70/2011 & Plaintiff M106 of 2011 by his Litigation Guardian v Minister for Immigration and Citizenship (2011) The Malaysia Solution case; refugees can not be deported to nations which are not legally bound to ensure various safeties for those refugees.
• British American Tobacco Australasia Limited and Ors v. The Commonwealth of Australia (2011) Tobacco companies challenged the Commonwealth's plain tobacco packaging laws, claiming their trademark property had been illegally seized by Australia. The High Court ruled 6–1 in favour of the Commonwealth and ordered the tobacco companies to pay the Commonwealth's court costs. Case S389/2011
• Wotton v Queensland [2012] HCA 2.
• Williams v Commonwealth (2012) School Chaplins case and use of prerogative powers for the executive under s61 of the constitution.
• Kakavas v Crown Melbourne Ltd & Ors (2013) Extent of casino's duty of care to gamblers.
• Akiba v Commonwealth (2013) HCA 33. Native title rights at Sea and third party Native title rights.
• The Commonwealth of Australia v. The Australian Capital Territory Commonwealth challenge of the ACT Marriage Equality Act 2013 (The Same Sex Marriage case)

See also

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