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Cole V Whitfield
''Cole v Whitfield'',. is a decision of the High Court of Australia. At issue was the interpretation of section 92 of the Australian Constitution, a provision which relevantly states:... trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.The court decided that s.92 prohibits burdens upon interstate trade, commerce, and intercourse of a 'protectionist kind'. The previously applied ''Individual Right'' interpretation of the section was abandoned in a unanimous joint judgement. Prior to Cole v Whitfield, s.92 was the most litigated section in the Constitution, bringing over 140 cases before the courts. This was partially the consequence of inconsistent and confusing jurisprudence under the previous interpretive approach, as was acknowledged by the joint judgement. The case largely settled s.92 jurisprudence, with the section only being infrequently the subject of litigation since. Background Facts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the ''Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and overlooking ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitution Of Australia
The Constitution of Australia (or Australian Constitution) is a written constitution, constitutional document that is Constitution, supreme law in Australia. It establishes Australia as a Federation of Australia, federation under a constitutional monarchy and outlines the structure and powers of the Australian government's three constituent parts, the Government of Australia, executive, Parliament of Australia, legislature, and Judiciary of Australia, judiciary. The constitution was drafted between 1891 and 1898, through a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia. The final draft was then approved in a 1898–1900 Australian constitutional referendums, set of referendums from 1898 to 1900. The British government objected to some elements of the final draft, but a slightly modified form was enacted as section 9 of the ''Commonwealth of Australia Constitution Act 1900'', an Ac ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Interstate Trade And Commerce In The Australian Constitution Cases
Freedom is understood as either having the ability to act or change without constraint or to possess the power and resources to fulfill one's purposes unhindered. Freedom is often associated with liberty and autonomy in the sense of "giving oneself their own laws", and with having rights and the civil liberties with which to exercise them without undue interference by the state. Frequently discussed kinds of political freedom include freedom of assembly, freedom of association, freedom of choice, and freedom of speech. In one definition, something is "free" if it can change easily and is not constrained in its present state. In philosophy and religion, freedom is sometimes associated with free will, without undue or unjust constraints on that will, such as enslavement. It is an idea closely tied with the concept of negative liberty. Charles Taylor resolves one of the issues that separate "positive" and "negative" theories of freedom, as these were initially distinguished in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Bath V Alston Holdings Pty Ltd
''Bath v Alston Holdings Pty Ltd'',. is a High Court of Australia case that discusses the application of the freedom of interstate trade, as specified in Section 92 of the Constitution of Australia. This case followed the unanimous decision of '' Cole v Whitfield'',. regarding the interpretation of section 92 as about free trade as opposed to individual rights. Background The ''Business Franchise (Tobacco) Act'' 1974 (Vic) imposed a licensing scheme for the sale of tobacco. For retailers, the fee was composed of a flat fee and an amount equal to 25% of the value of the tobacco sold in the previous twelve months. The Act also made for the provision of wholesalers, and tobacco bought by retailers from Victorian wholesalers would not be taken into account for the assessment of the retailer fee. This was ostensibly to avoid double-taxing the tobacco sold. The defendant, Alston Holdings Pty Ltd, was a tobacco retailer in Victoria, who imported tobacco from Queensland for sale i ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Castlemaine Tooheys Ltd V South Australia
''Castlemaine Tooheys Ltd v South Australia'',. is a High Court of Australia case that deals with whether a particular Act of South Australia contravenes Section 92 of the Constitution of Australia, which is about the freedom of interstate trade. Background The Beverage Container Act 1975 (SA) required a mandatory deposit of 5 cents per bottle, which would be refunded when they were returned; refillable bottles were exempt from this deposit. A later amendment, the Beverage Container Act Amendment Act 1986 (SA) subjected non-refillable bottles to a refund of 15 cents and refillable bottles to a refund of 4 cents. Furthermore, the refund for non-refillable bottles was to be implemented by retailers, instead of a collection depot. The Bond brewing companies brewed beer, most notably from the Tooheys Brewery, outside of South Australia, and they used non-refillable bottles as opposed to their South Australian counterparts. Although a 5 cent deposit would not have disadvanta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force on 1 January 1901, at which time the Commonwealth of Australia came into being. The Constitution created a framework of government some of whose main fea ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Supreme Court Of Tasmania
The Supreme Court of Tasmania is the highest State court in the Australian State of Tasmania. In the Australian court hierarchy, the Supreme Court of Tasmania is in the middle level, with both an appellate jurisdiction over lower courts, and decisions made by Court to be heard on appeal by the High Court of Australia. The ordinary sittings of the Court occur in Hobart, Launceston and Burnie in Tasmania. The Court's Appeal division sits only in Hobart. History of the Court The Supreme Court of Van Diemen's Land (as Tasmania was then known) was established by The Royal Letters Patent of 13 October 1823 and commenced activities on 10 May 1824. The Court is the oldest Supreme Court in Australia and predates the Supreme Court of New South Wales, if only by a period of just ten days. The supreme courts of Tasmania and New South Wales were initiated through the New South Wales Act 1823, and this gave those courts jurisdiction over New Zealand. Sir John Pedder, after whom Lake ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tasmania
) , nickname = , image_map = Tasmania in Australia.svg , map_caption = Location of Tasmania in AustraliaCoordinates: , subdivision_type = Country , subdivision_name = Australia , established_title = Before federation , established_date = Colony of Tasmania , established_title2 = Federation , established_date2 = 1 January 1901 , named_for = Abel Tasman , demonym = , capital = Hobart , largest_city = capital , coordinates = , admin_center = 29 local government areas , admin_center_type = Administration , leader_title1 = Monarch , leader_name1 = Charles III , leader_title2 = Governor , leader_n ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crayfish
Crayfish are freshwater crustaceans belonging to the clade Astacidea, which also contains lobsters. In some locations, they are also known as crawfish, craydids, crawdaddies, crawdads, freshwater lobsters, mountain lobsters, rock lobsters, mudbugs, baybugs or yabbies. Taxonomically, they are members of the superfamilies Astacoidea and Parastacoidea. They breathe through feather-like gills. Some species are found in brooks and streams, where fresh water is running, while others thrive in swamps, ditches, and paddy fields. Most crayfish cannot tolerate polluted water, although some species, such as '' Procambarus clarkii'', are hardier. Crayfish feed on animals and plants, either living or decomposing, and detritus. The term "crayfish" is applied to saltwater species in some countries. Terminology The name "crayfish" comes from the Old French word ' ( Modern French '). The word has been modified to "crayfish" by association with "fish" (folk etymology). The largely ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 92 Of The Constitution Of Australia
Section 92 of the Constitution of Australia, Trade within the Commonwealth to be free. as far as is still relevant today is: This provision has been the cornerstone of significant Australian constitutional jurisprudence, which has also been quite complex. As the High Court of Australia observed in '' Cole v Whitfield'': 20. The creation of a limitation where none was expressed and where no words of limitation were acceptable was a task which, having regard to the diverse and changing nature of inter-State trade, commerce and intercourse, was likely to produce a variety of propositions. And so it has. Sir Robert Garran contemplated that a student of the first fifty years of case law on s.92 might understandably "close( ) his notebook, sell( )his law books, and resolve( ) to take up some easy study, like nuclear physics or higher mathematics." ... Some thirty years on, the student who is confronted with the heightened confusion arising from the additional case law ending with '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cite ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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