List of High Court of Australia cases

This is a chronological list of significant cases decided by the High Court of Australia. The High Court of Australia is the final court of appeal in Australia the highest court in the Australian court hierarchy.

1 The Griffith Court: 1903-1919
2 The Knox Court: 1919 - 1930
3 The Isaacs Court 1930-1931
4 The Duffy Court 1931-1935
5 The Latham Court: 1935-1952
6 The Dixon Court: 1952-1964
7 The Barwick Court: 1964-1981
8 The Gibbs Court: 1981-1987
9 The Mason Court: 1987-1995
10 The Brennan Court: 1995-1998
11 The Gleeson Court: 1998 - present
12 See also

The Griffith Court: 1903-1919

Dalgarno v Hannah (1903): the first case decided by the Court
Jumbunna Coalmine (1908): Registration of Trade Unions incidental to pl. Sir Samuel Walter Griffith GCMG, ( 21 June 1845 – 9 August 1920) was an Australian politician Premier of Queensland Dalgarno v Hannah was the first case ever to be decided by the High Court of Australia. (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. R v Barger (1908 6 CLR 41 is a High Court of Australia case that considered the scope of the taxation power. Ex parte HV McKay (The Harvester Judgment (1907 2 CAR 1 was delivered in the Australian Commonwealth Court of Conciliation and Arbitration by H A trade union or labour union is an organization of workers who have banded together to achieve common goals in key areas such as wages hours and working conditions forming (xxxv)

The Knox Court: 1919 - 1930

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. Sir Adrian Knox KCMG PC (29 November 1863 – 27 April 1932 Australian Judge, was the second Chief Justice of the High Court Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (commonly known as the Engineers' Case) was a landmark Australian court case decided in aka the Engineers' Case
Melbourne Corporation v Barry (1922): early civil liberties case, striking down a municipal attempt to regulate street marches.
Roche v Kronheimer: Concluded that Federal Parliament had the power to implement the Treaty of Versallies under the defence power. One view was also under the external affair power.

The Isaacs Court 1930-1931

The Duffy Court 1931-1935

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. Sir Isaac Alfred Isaacs GCB GCMG ( 6 August 1855 &ndash 11 February 1948) Australian judge and politician Sir Frank Gavan Duffy KCMG PC ( 29 February 1852 &ndash 29 July 1936) Australian Judge, was Egon Erwin Kisch ( Prague, April 29, 1885 - March 31, 1948) was a Czechoslovak writer and journalist who wrote Also known as Kisch's case. Found that Scottish Gaelic was not a European language within the meaning of the Immigration Restriction Act 1901. Scottish Gaelic ( Gàidhlig) is a member of the Goidelic branch of Celtic languages. The Immigration Restriction Act 1901 was an Act of the Parliament of Australia which limited Immigration to Australia and formed
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. John Thomas Lang ( 21 December 1876 - 27 September 1975) Australian politician usually referred to as J
First State Garnishee case (1932)

The Latham Court: 1935-1952

R v Burgess; Ex parte Henry (1936): External affairs power extends to implemnting treaties. John Latham may refer to John Latham (ornithologist (1740&ndash1837 British physician naturalist and author John Latham (physician R v Burgess Ex parte Henry (1936 55 CLR 608 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power
Proudman v Dayman (1941): Developed the doctrine of honest and reasonable mistake of fact as a defence to some criminal matters.
First Uniform Tax case (1942)
Adelaide Company of Jehovah's Witnesses v Commonwealth (1943): strict limits to the Constitution's protections for religious freedom; aka Jehovah's Witnesses case
The First Pharmaceutical Benefits case (1945)
Melbourne Corporation v Commonwealth (1947): limits to Commonwealth legislative power implied from federal nature of Constitution
Bank of New South Wales v Commonwealth (1948): striking down of an attempt to nationalize the banks, aka the Bank Nationalisation Case
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, aka the Communist Party Case

The Dixon Court: 1952-1964

R v Kirby; Ex parte Boilermakers' Society of Australia (1956): cornerstone decision confirming the separation of judicial and executive powers of the Commonwealth. South Australia v Commonwealth (1942 65 CLR 373 ("the First Uniform Tax case" is a High Court of Australia case that established the Commonwealth Adelaide Company of Jehovah's Witnesses Inc v Commonwealth (also known as the Jehovah's Witnesses case) was an important court case decided in the High Court Melbourne Corporation v Commonwealth (1947 74 CLR 31 HCA 26 ( 13 August 1947) also known as the Melbourne Corporation case An important Bank of New South Wales v The Commonwealth (1948 76 CLR 1 also known as the Bank Nationalisation Case, is a very famous case of the High Nationalization, also spelled nationalisation, is the act of taking an industry or assets into the Public ownership of a national government A banker or bank is a Financial institution whose primary activity is to act as a payment agent for customers and to borrow and lend money Australian Communist Party v The Commonwealth (1951 83 CLR 1 also known as the The Communist Party Case, was a legal case in the Sir Owen Dixon OM GCMG KBE PC (1886 - 1972 Australian Judge and Diplomat, was the sixth Chief Justice R v Kirby Ex parte Boilermakers' Society of Australia HCA 10 (1956 94 CLR 254 (2 March 1956 was a case in which the High Court of Australia held that Known as the Boilermakers' case.
Second Uniform Tax case (1957)

The Barwick Court: 1964-1981

Strickland v Rocla Concrete Pipes Ltd (1971): landmark trade practices case, aka the Concrete Pipes Case
King v Jones (1972): considered the nature of section 41 of the Australian Constitution
New South Wales v The Commonwealth (1975): sovereignty over the continental shelf, aka 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
Sankey v Whitlam (1978): extent of 'crown privilege'
The Second Territory Senators Case
R v Federal Court of Australia; Ex parte W. Victoria v Commonwealth (1957 99 CLR 575 ("the Second Uniform Tax case" is a High Court of Australia case that affirmed the Commonwealth Sir Garfield Edward John Barwick AK GCMG ( 22 June, 1903 &ndash 14 July, 1997) was the Attorney-General of Australia (1958-61 Strickland v Rocla Concrete Pipes Ltd (1971 124 CLR 468 also known as the Concrete Pipes Case, is a High Court of Australia case King v Jones was an Australian court case decided in the High Court of Australia on 1 September 1972. Section 41 of the Australian Constitution is a provision of the Constitution of Australia which states that "no adult person who has or acquires a right to vote at elections Sovereignty is the exclusive Right to control a Government, a country, a people or oneself The continental shelf is the extended perimeter of each Continent and associated Coastal plain, which is covered during interglacial periods such Murphyores Inc Pty Ltd v Commonwealth (1976 136 CLR 1 HCA 20 was a case decided in the High Court of Australia regarding the scope of the trade Sankey v Whitlam was an important court case decided in the High Court of Australia on 9 November 1978. 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 it's current revenue included a significant proportion of trading activities.

The Gibbs Court: 1981-1987

Koowarta v Bjelke-Petersen (1982): the constitutional validity of the Racial Discrimination Act 1975
Actors and Announcers Equity Association v. Sir Harry Talbot Gibbs GCMG, AC, KBE, QC ( 17 February 1917 - 25 June 2005) was Chief Justice Koowarta v Bjelke-Petersen was a significant Court case decided in the High Court of Australia on May 11 1982. The Racial Discrimination Act 1975 ("RDA" is a Statute passed by the Australian Parliament during the Prime Ministership of Labor 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, aka the Tasmanian Dams Case
Fencott v Muller (1983): extent of corporations power
CYSS case (1983): extent of the conciliation and arbitration power
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. R v Pearson Ex parte Sipka was an important Australian court case decided in the High Court of Australia on 24 February 1983. Commonwealth v Tasmania (1983 158 CLR 1, (popularly known as the Tasmanian Dam Case) was a significant Australian Court Section 51 of the Australian Constitution grants legislative powers to the Australian (Commonwealth Parliament. Azaria Chantel Loren Chamberlain (born 11 June 1980 in Mount Isa, Queensland) was a ten-week-old Australian baby who disappeared on the night of 17 Kioa v West HCA 81 (1985 150 CLR 550 was a notable case decided in the High Court of Australia regarding the extent and requirements of Natural
Australasian Meat Industry Employees Union v Mudginberri Station (1986)

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. Sir Anthony Frank Mason AC, KBE, QC (born 21 April 1925 Australian Judge and Royal Australian Air Force officer Cole v Whitfield (1988 165 CLR 360 HCA 18 was a landmark High Court of Australia decision where the Court overruled the long-held notion that the words 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 arbitrarily abolish native title rights
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
Polyukhovich v Commonwealth (1991): validity of the War Crimes Act 1945, aka 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. The Constitution of Australia is the law under which the Australian Commonwealth Government operates Mabo v Queensland (No 1 was a significant Court case decided in the High Court of Australia on December 8 1988. Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous New South Wales v Commonwealth New South Wales v The Commonwealth HCA 2 (1990 169 CLR 482 90 ALR 355 also known as the Incorporation Polyukovich v The Commonwealth HCA 32 (1991 172 CLR 501 commonly referred to as the War Crimes Act Case, was a significant case decided Dietrich v The Queen was an important case decided in the High Court of Australia on 13 November 1992
Mabo v Queensland (No 2) (1992): landmark native title case
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. Mabo v Queensland (No 2 (commonly known as Mabo) was a landmark Australian court case which was decided by the High Court Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous Australian Capital Television v Commonwealth was a significant Court case decided in the High Court of Australia on September 30 The Constitution of Australia is the law under which the Australian Commonwealth Government operates
Nationwide News 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)
Marion's Case (1992): 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. Marion's Case, the common name for the case Secretary of the Department of Health and Community Services v JWB and SMB, is one of the primary cases under Australian
Cheatle v The Queen (1993): nature of constitutional guarantee for trial by jury where Commonwealth judicial power exercised by state courts
Teoh's Case (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
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. Minister of State for Immigration and Ethnic Affairs v Teoh (commonly known as Teoh's case) was an Australian court case which was decided Sir Francis Gerard Brennan AC, KBE, QC (born 22 May, 1928) is an Australian lawyer judge and 10th Chief Justice Kable v Director of Public Prosecutions for NSW (1996 189 CLR 51 HCA 24 was a significant case decided in the High Court of Australia regarding In Law, the judiciary or judicial system is the system of Courts which administer Justice in the name of the sovereign or State Wik Peoples v The State of Queensland (commonly known as the Wik decision) is a decision of the High Court of Australia delivered on 23 December 1996 Native title is a concept in the Law of Australia that recognises in certain cases there was and is a continued beneficial legal interest in land held by local Indigenous Year 1993 ( MCMXCIII) was a Common year starting on Friday (link will display full 1993 Gregorian calendar) Lange v Australian Broadcasting Corporation (1997 189 CLR 520 is a High Court of Australia case that deals with the implied freedom of political communication Ha v New South Wales (1997 189 CLR 465 is a High Court of Australia case that dealt with section 90 of the Australian Constitution
Kruger v Commonwealth (1997): the stolen generations case. Kruger v Commonwealth (1997 190 CLR 1 also known as the Stolen Generation Case, is a High Court of Australia case that deals with any
CSR v Cigna Insurance (1997): rules for granting of anti-suit injunctions
Kartinyeri v The Commonwealth [1998] HCA 22: Hindmarsh Island Bridge Case Dispute regarding the Hindmarsh Island Bridge. The Hindmarsh Island bridge controversy was an Australian legal and political controversy that involved the clash of Indigenous Australian religious beliefs and the rights of 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)

The Gleeson Court: 1998 - present

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. Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia; ( 4 May 1998) Re Wakim Ex parte McNally was a significant case decided in the High Court of Australia on 17 June 1999. Anthony Murray Gleeson, AC, QC (born 30 August, 1938) is a former Chief Justice of the High Court of Australia, the Re Wakim Ex parte McNally was a significant case decided in the High Court of Australia on 17 June 1999. Sue v Hill was an Australian court case decided in the High Court of Australia on 23 June 1999. Bond v The Queen HCA 13 (2000 201 CLR 213 (2000 169 ALR 607 was a significant case decided in the High Court of Australia regarding
R v Hughes (2000): power of federal officers to enforce state laws.
Truth About Motorways (2000): standing under Trade Practices Act 1974
R v Carroll (2002): double jeopardy issue
Gutnick v Dow Jones (2002): Issue of where defamatory material was published. The Trade Practices Act 1974 is an act of the Parliament of Australia. R v Carroll (2002 213 CLR 635 󞪂] HCA 55 is a decision of the High Court of Australia which unanimously upheld a Queensland appellate Double jeopardy (non bis in idem is a Procedural defense (and in many countries such as the United States, Canada, Mexico and India Dow Jones & Co Inc v Gutnick was an Internet Defamation case heard in the High Court of Australia, decided on December 10
Cattanach v Melchior (2003): medical negligence - a doctor forced to pay upkeep of a child born as a result of his negligence. Cattanach v Melchior HCA 38 (2003 215 CLR 1 was a significant case decided in the High Court of Australia regarding the tort of negligence in a
NEAT Australia Holdings v AWB Ltd (2003): ambit of administrative law in the case of commercialised state corporations
Al-Kateb v Godwin (2004): considered the legality of indefinite immigration detention
Electrolux v AWU (2004): industrial relations - scope of content of certified agreements
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, also known as The Workplace Relations Challenge in the context of the Commonwealth's corporations and industrial relations powers. Al-Kateb v Godwin was a decision of the High Court of Australia, which ruled on 6 August 2004 that the indefinite detention of a Stateless person The case of Electrolux v The Australian Workers' Union was a High Court of Australia decision of 2004 Harriton v Stephens HCA 15 (2006 226 CLR 52 (2006 226 ALR 391 was a decision handed down in the High Court of Australia on 9 May New South Wales v Commonwealth New South Wales & Ors v Commonwealth is a High Court of Australia case that challenged the constitutional validity of the federal The Workplace Relations Act 1996 as amended by the Workplace Relations Amendment Act 2005, or WorkChoices, which came into effect in March 2006, was the most New South Wales v Commonwealth New South Wales & Ors v Commonwealth is a High Court of Australia case that challenged the constitutional validity of the federal Section 51(xx of the Australian Constitution, is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament the right
New South Wales v Fahy (2007): workplace negligence - whether to override the existing test for breach of duty of care in Australia. On 22 May 2007, the High Court of Australia handed down a Judgment in the case of New South Wales v Fahy.
Thomas v Mowbray (2007): Whether "interim control orders" were constitutional. Thomas v Mowbray HCA 33 was a decision handed down in the High Court of Australia on 2 August 2007 concerning the validity of Subdivision B

Contents