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Section 51(i) Of The Australian Constitution
Section 51(i) of the Australian Constitution enables the Parliament of Australia to make laws about: :Trade and commerce with other countries, and among the States; Legislative powers of the Parliament. The meaning of trade and commerce is clarified in section 98 of the Constitution which provides :The power of the Parliament to make laws with respect to trade and commerce extends to navigation and shipping, and to railways the property of any State. Trade and commerce includes navigation and State railways. Interpretation by the courts "Trade" and "commerce" have been broadly construed. The early case of ''W & A McArthur Ltd v Queensland'',. declared: "Trade and commerce" between different countrieswe leave out for the present the word "intercourse"has never been confined to the mere act of transportation of merchandise over the frontier. That the words include that act is, of course, a truism. But that they go far beyond it is a fact quite as undoubted. All the commercial a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Parliament Of Australia
The Parliament of Australia (officially the Parliament of the Commonwealth and also known as the Federal Parliament) is the federal legislature of Australia. It consists of three elements: the Monarchy of Australia, monarch of Australia (represented by the Governor-General of Australia, governor-general), the Australian Senate, Senate (the upper house), and the Australian House of Representatives, House of Representatives (the lower house).''Australian Constitution's 1– via Austlii. The Australian Parliament combines elements from the British Westminster system, in which the party or coalition with a majority in the lower house is entitled to form a government, and the United States Congress, which affords equal representation to each of the states, and scrutinises legislation before it can be signed into law. The upper house, the Senate, consists of 76 members: twelve for each States and territories of Australia, state, and two for each of the self-governing States and terr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Financial Transactions
A financial transaction is an agreement, or communication, between a buyer and seller to exchange goods, services, or assets for payment. Any transaction involves a change in the status of the finances of two or more businesses or individuals. A financial transaction always involves one or more financial asset, most commonly money or another valuable item such as gold or silver. There are many types of financial transactions. The most common type, purchases, occur when a good, service, or other commodity is sold to a consumer in exchange for money. Most purchases are made with cash payments, including physical currency, debit cards, or cheques. The other main form of payment is credit, which gives immediate access to funds in exchange for repayment at a later date. History There is no evidence to support the theory that ancient civilizations worked on systems of barter. Instead, most historians believe that ancient cultures worked on principles of gift economy and debt. In ... [...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 Paul Vout KC and Peter Willis SC. 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: * Hannah Canham * Roshan Chaile * Bora Kaplan * James McComish * William Newland * Jakub Patela * Stephen Puttick * Daniel Reynolds * Marcus Roberts * Alexander Solomon-Bridge * Ahmed Terzic * Julia Wang * Michael Wells * 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian National Airways Pty Ltd V Commonwealth
Australian(s) may refer to: Australia * Australia, a country * Australians, citizens of the Commonwealth of Australia ** European Australians ** Anglo-Celtic Australians, Australians descended principally from British colonists ** Aboriginal Australians, indigenous peoples of Australia as identified and defined within Australian law * Australia (continent) ** Indigenous Australians * Australian English, the dialect of the English language spoken in Australia * Australian Aboriginal languages * ''The Australian'', a newspaper * Australiana, things of Australian origins Other uses * Australian (horse), a racehorse * Australian, British Columbia, an unincorporated community in Canada See also * The Australian (other) * Australia (other) * * * Austrian (other) Austrian may refer to: * Austrians, someone from Austria or of Austrian descent ** Someone who is considered an Austrian citizen * Austrian German dialect * Something associated with the countr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Murphyores Inc Pty Ltd V Commonwealth
''Murphyores Inc Pty Ltd v Commonwealth'',. was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution. Background Section 112 of the ''Customs Act 1901'',. prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc Pty Ltd, which held leases from the state of Queensland to mine mineral sands on Fraser Island, sought permission from the Minister to export mineral sands. Such authorisation was withheld pending the outcome of an environmental inquiry. Murphyores challenged the constitutional validity of prohibition and sought an injunction to the study, and a declaration that the Minister cannot make a prohibition for environmental purposes. Decision In a unanimous decision, the court held the legislation was a valid exercise of the trade and commerce power. Section 51(i) was a non-purposive power, and the only relevant factor was the subject matter of trade and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.Graham Perkin �Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) Dixon served as a justice of the High Court of Australia, High Court for 35 years, including a 12 year period as Chief Justice. He was considered in his time to be one of the world's leading common law jurists, and his judgments reportedly "carried persuasive effect wherever the common law was applied". In his lifetime, he was showered globally with various honours, including an appointment to the Privy Council, various honours such as the Order of St Michael and St George, GCMG and Order of Merit, as well as honorary degrees from the university of Oxford, Harvard, Melbourne, and the Australian National University, as well as an award from Yale for "services to mankind". The Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Airlines Of New South Wales Pty Ltd V New South Wales (No 2)
''Airlines of New South Wales Pty Ltd v New South Wales (No 2)'',. was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation. Although the Commonwealth has the power to regulate interstate air navigation under s 51(i) of the Constitution, it can only regulate intrastate air navigation under the implied incidental power attached to that head of power. It was held that intrastate air navigation can be regulated to the extent that it provides for the safety of, or prevention of physical interference with, interstate or foreign air navigation. Background In October 1964 the ''Air Navigation Regulations'' (Cth),''Air Navigation Regulations'' 1947 (Cth). were amended to make them apply to intrastate air navigation b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Douglas Menzies
Sir Douglas Ian Menzies KBE (7 September 190729 November 1974) was an Australian judge, serving as a Justice of the High Court of Australia. He was also Chancellor of Monash University from 1968 until his death in 1974. Early life Menzies was born in Ballarat, Victoria, to Annie Wilson (née Copeland) and the Reverend Francis Menzies. He was a nephew of Hugh and James Menzies and a first cousin of Sir Robert Menzies. Menzies was educated at Hobart High School and Devonport High School in Tasmania, before returning to Victoria to study at the University of Melbourne. He graduated with a Bachelor of Laws, having been awarded the Jessie Leggatt and E. J. B. Nunn Scholarships, and having won the Supreme Court of Victoria's Prize in Law. Legal career Menzies was admitted as a solicitor in 1930 and to the Victorian Bar in 1932, where he practised as a barrister. From 1941 to 1945, he was secretary to the Defence and Chiefs of Staff Committees, and from 1941 to 1950 he was a lect ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Engineers Case
''Amalgamated Society of Engineers v Adelaide Steamship Co Ltd'', commonly known as the ''Engineers case'', . was a landmark decision by the High Court of Australia on 31 August 1920. The immediate issue concerned the Commonwealth's power under s 51(xxxv) of the Constitution but the court did not confine itself to that question, using the opportunity to roam broadly over constitutional interpretation. Widely regarded as one of the most important cases ever decided by the High Court of Australia, it swept away the earlier doctrines of implied intergovernmental immunities and reserved state powers, thus paving the way for fundamental changes in the nature of federalism in Australia. Background Facts The ''Engineers case'' arose out of a claim lodged by the Amalgamated Society of Engineers against the Adelaide Steamship Company in the Commonwealth Court of Conciliation and Arbitration for an award relating to 844 employers across Australia. In Western Australia, the employers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Redfern V Dunlop Rubber Australia Ltd
''Redfern v Dunlop Rubber Australia Ltd'', was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51(i) of the Constitution. Background The plaintiffs, Highway Tyre Service, Pakenham Tyre Service, and H.J. King Tyre Service ("Redfern") were three companies engaged in carrying on the business of buying, selling and dealing in motor and cycle tyres and tubes. The defendants consisted of five companies: Dunlop Rubber Australia Limited, B.F. Goodrich Australia Pty. Limited, The Olympic Tyre & Rubber Co. Proprietary Limited, Hardie Rubber Company Pty. Limited, and The Goodyear Tyre & Rubber Co. (Australia) Limited. These companies were all incorporated in the state of Victoria. The companies entered into a series of contracts between them, which contained terms to the effect of fixing the prices of goods for traders, and the terms on which the goods could be retailed. It was alleged that all of this was done in restraint o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constitu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
