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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 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] |
Constitution Of Australia
The Constitution of Australia (also known as the Commonwealth Constitution) is the fundamental law that governs the political structure of Australia. It is a written constitution, which establishes the country as a Federation of Australia, federation under a Monarchy of Australia, constitutional monarchy governed with a parliamentary system. Its eight chapters set down the structure and powers of the three constituent parts of the federal level of government: the Parliament of Australia, Parliament, the Australian Government, Executive Government and the Judiciary of Australia, Judicature. The Constitution was drafted between 1891 and 1898 at a series of Constitutional Convention (Australia), conventions conducted by representatives of the six self-governing British colonies in Australia: New South Wales, Victoria (state), Victoria, Queensland, Western Australia, South Australia and Tasmania. This final draft was then approved by each state in a 1898–1900 Australian const ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Freedom Of Interstate Trade And Commerce In The Australian Constitution Cases
Freedom is the power or right to speak, act, and change as one wants without hindrance or restraint. Freedom is often associated with liberty and autonomy in the sense of "giving oneself one's own laws". In one definition, something is "free" if it can change and is not constrained in its present state. Physicists and chemists use the word in this sense. In its origin, the English word "freedom" relates etymologically to the word "friend". Philosophy and religion sometimes associate it with free will, as an alternative to determinism or predestination. In modern liberty nations, freedom is considered a right, especially freedom of speech, freedom of religion, and freedom of the press. Types In political discourse, political freedom is often associated with liberty and autonomy, and a distinction is made between countries that are free of dictatorships. In the area of civil rights, a strong distinction is made between freedom and slavery and there is conflict between peopl ... [...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'' (Keith Urban album), 2024 * ''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 * ... [...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 in ... [...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. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. 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 ... [...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. Together with the Magistrates Court, it forms the judiciary in 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 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 jurisdicti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tasmania
Tasmania (; palawa kani: ''Lutruwita'') is an island States and territories of Australia, state of Australia. It is located to the south of the Mainland Australia, Australian mainland, and is separated from it by the Bass Strait. The state encompasses the main island of Tasmania, the List of islands by area#Islands, 26th-largest island in the world, and the List of islands of Tasmania, surrounding 1000 islands. It is Australia's smallest and least populous state, with 573,479 residents . The List of Australian capital cities, state capital and largest city is Hobart, with around 40% of the population living in the Greater Hobart area. Estimated resident population, 30 June 2017. Tasmania is the most decentralised state in Australia, with the lowest proportion of its residents living within its capital city. Tasmania's main island was first inhabited by Aboriginal Australians, Aboriginal peoples, who today generally identify as Palawa or Pakana. It is believed that Abori ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Crayfish
Crayfish are freshwater crustaceans belonging to the infraorder Astacidea, which also contains lobsters. 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" ( French language">Modern French '). The word has been modified to "crayfish" by association with "fish" ( American variant "crawfish" is similarly derived. Some kinds of crayfish are known lo ... [...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 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] |
