List of High Court of Australia cases

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 .
• Chanter v Blackwood and Maloney v McEacharn (1904) irregularities only affect the result of an election if the improper votes exceed the majority and official errors were, in sufficient numbers, a ground for making the election void.
• D'Emden v Pedder (1904): Concerned the question of whether salary receipts of federal government employees were subject to state stamp duty and applied the doctrine of implied intergovernmental immunities.
• Peterswald v Bartley (1904): Dealt with s90 of the Australian Constitution, which prohibits States from levying excise.
• Sydney Municipal Council v Commonwealth [1904] HCA 50, (1904) 1 CLR 208: held that a municipal rate was a tax imposed by a state agency for the purposes of section 114 of the Constitution.
• Tasmania v Commonwealth (1904): Concerned the proper approach to the interpretation of the Constitution.
• Deakin v Webb (1904): held that Alfred Deakin was not liable to pay Victorian income tax on his salary as a member of the Australian House of Representatives.
• Potter v Broken Hill Pty Co Ltd (1906) extended the Moçambique rule to hold that the infringement in NSW of a NSW patent was not justiciable in Victoria.
• Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association (Railway servants case) (1906): State railways employees could not be part of an interstate industrial dispute under the doctrine of "implied inter-governmental immunities".
• Baxter v Commissioners of Taxation (NSW) (1907): the High Court held that the Privy Council had no jurisdiction to decide Webb v Outtrim and upheld the doctrine of "implied inter-governmental immunities".
• Blundell v Vardon (1907): a series of 3 cases concerning the process of electing and appointing senators and the consequences of a void election.
• R v Barger (1908): High Court appeal which overruled the Harvester Judgement.
• Jumbunna Coal Mine NL v Victorian Coal Miners’ Association (1908): appeal from the Court of Conciliation and Arbitration which held the registration of Trade Unions was incidental to the conciliation and arbitration power.
• Attorney-General for NSW v Brewery Employees Union of NSW (Union Label case) (1908): Applied the reserved powers doctrine and determined the constitutional meaning of trade marks
• R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP (1909): the High Court asserted its power to correct jurisdictional error and in doing so expanded the scope of prohibition beyond the reach it had in English courts.
• Federated Sawmill Employees Association v James Moore & Sons Pty Ltd (1909): federal award could not be inconsistent with a State wages board determination.
• Huddart, Parker & Co Ltd v Moorehead (1909) established the classic definition of judicial power and held that the corporations power should be construed narrowly.
• Australian Boot Trade Employees' Federation v Whybrow & Co (1910) the conciliation and arbitration power did not permit common rule awards to prevent industrial disputes.
• SS Kalibia v Wilson (1910) the extent of the navigation power.
• Federated Engine Drivers' & Firemen's Association of Australasia v Broken Hill Pty Co Ltd [1911] HCA 31, (1911) 12 CLR 398: a union in different industries could not be registered.
• Melbourne Steamship Co Ltd v Moorehead (1912): trade & commerce power.
• Colonial Sugar Refining Co Ltd v Attorney-General (Cth) (1912) the only case in which the High Court granted a certificate under section 74 of the Constitution to appeal to the Privy Council.
• New South Wales v Commonwealth (1915) (Wheat or Inter-State Commission case): Separation of powers for Courts and the Inter-State Commission.
• Farey v Burvett (1916): the defence power was paramount such that the reserved powers doctrine did not apply to it.
• Waterside Workers' Federation of Australia v J W Alexander Ltd (1918) the Constitution requires lifetime appointments for judges to specific courts.

The Knox Court: 1919–1930

• Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd. (Engineers' Case) (1920): Rejected the doctrines of implied intergovernmental immunities and reserved State powers and determined that each head of federal power should be interpreted simply on the words of the grant.
• 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] HCA 56, (1922) 31 CLR 174: early civil liberties case, striking down a municipal attempt to regulate street marches.
• Pirrie v McFarlane (1925): crown immunity case.
• British Imperial Oil Co Ltd v Federal Commissioner of Taxation [1925] HCA 4, (1925) 35 CLR 422: a power of appeal against an income tax assessment was part of the Judicial power of the Commonwealth.
• Burwood Cinema Ltd v Australian Theatrical and Amusement Employees' Association [1925] HCA 7, (1925) 35 CLR 528: unions are not just agents for their members but can be a party in their own right to an industrial dispute and award.
• Clyde Engineering Co Ltd v Cowburn (1926): Isaacs J established the 'cover the field' test for inconsistency between a Commonwealth and a State law
• R v Clarke (1927): no contract was formed because the offer of a reward was not accepted by Clarke because he did not act to claim the reward, instead he gave information that led to the conviction of a murderer to clear himself of a charge of accessory to that murder.
• Federated State School Teachers' Association of Australia v Victoria (Schoolteachers case) [1929] HCA 11, (1929) 41 CLR 569: a state school teacher was not engaged in an industry and so could not be covered by a federal award.
• Caledonian Collieries Ltd v Australasian Coal & Shale Employees' Federation (No 1) [1930] HCA 1, (1930) 42 CLR 527 and (No 2) [1930] HCA 2, (1930) 42 CLR 558: held that attempts to arbitrate a management lockout in Hunter Valley coalmines were invalid as the dispute did not "extend beyond the limits of any one State".

The Isaacs Court: 1930-1931

• Ex Parte McLean [1930] HCA 12, (1930) 43 CLR 472: the Masters and Servants Act 1902 (NSW) was relevantly invalid as inconsistent with the Commonwealth Pastoral Award, in which Dixon J reformulated the 'cover the field' test established in Clyde Engineering Co Ltd v Cowburn.
• Munday v Gill [1930] HCA 20, (1930) 44 CLR 38: in a sequel to the Caledonian Collieries case, 18 miners out of the 6-10,000 who resisted the reopening of the mine were tried together and convicted of unlawful assembly. The majority held that the right to a separate hearing did not apply to summary proceedings for statutory offences.
• Australian Railways Union v Victorian Railways Commissioners [1930] HCA 52, (1930) 44 CLR 319 in a precursor to Melbourne Corporation v Commonwealth, Dixon J held that federal legislation could not "discriminate against the States or their agencies."

The Gavan Duffy Court 1931–1935

• Attorney-General (New South Wales) v Trethowan [1931] HCA 3, (1931) 44 CLR 394: which considered Premier of New South Wales Jack Lang's attempt to abolish the New South Wales Legislative Council.
• Victorian Stevedoring & General Contracting Co Pty Ltd v Dignan [1931] HCA 34, (1931) 46 CLR 73: held that the Constitution did not require a strict separation of powers between the executive and the legislature.
• New South Wales v Commonwealth (No.1) (First State Garnishee case) [1932] HCA 7, (1932) 46 CLR 155: held that the Commonwealth could validly seize State revenue for the purpose of paying interest on State debts.
• Australian Knitting Mills Limited v Grant (1933): concerned the liability of a manufacturer of woolen underwear to a consumer. The High Court decision was overturned by the Privy Council.
• Tuckiar v The King (1934): race relations and lawyer duty case.
• R v Carter; ex parte Kisch and R v Wilson; ex parte Kisch (1934) (Kisch's case): a long round of litigation arising from the Lyons' government's attempts to exclude left-wing journalist Egon Kisch from Australia. Found that Scottish Gaelic was not a European language within the meaning of the Immigration Restriction Act 1901 (Cth).

The Latham Court: 1935–1952

• House v R [1936] HCA 40, (1936) 55 CLR 499: set out the principles for an appeal against an exercise of discretion.
• R v Burgess; Ex parte Henry (1936): external affair power extends to implementing treaties.
• Victoria Park Racing & Recreation Grounds Co Ltd v Taylor (1937) broadcasting rights were not protected as quasi-property
• Matthews v Chicory Marketing Board (Vic) (1938): Considered s90 of the Constitution, which prohibits States from levying excise.
• Henwood v Municipal Tramways Trust (SA) (1938): the unlawful act of the deceased did not absolve the Trust from civil liability for its negligence.
• 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] HCA 28, (1941) 67 CLR 536: 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) the Commonwealth taxation power was sufficient to impose a scheme of uniform income tax across the country and displace that of the States.
• Adelaide Company of Jehovah's Witnesses v Commonwealth Jehovah's Witnesses case (1943): strict limits to the Constitution's protections for religious freedom.
• Silk Bros Pty Ltd v State Electricity Commission (Vict) [1943] HCA 2, (1943) 37 CLR 1: a power to determine applications by landlords for recovery of premises and providing for the enforcement of the Board's orders were an invalid attempt to confer Judicial power on a body that was not a Federal Court.
• Attorney-General (Vic) ex rel Dale v Commonwealth (First Pharmaceutical Benefits case) (1945): considered whether expenditure under the appropriations power had to be supported by another head of legislative power, however there was no clear ratio decidendi.
• Australian National Airways Pty Ltd v Commonwealth (No 1) (1945): the Commonwealth could own an airline, but it could not hinder private sector competition with that airline.
• Melbourne Corporation v Commonwealth (Melbourne Corporation case) (1947): limits to Commonwealth legislative power implied from federal nature of Constitution.
• In Re Davis (1947): Regarding the admission of legal practitioners and the jurisdiction of courts over barristers.
• Bank of New South Wales v Commonwealth (Bank Nationalisation case) (1948): striking down of an attempt to nationalise the banks, (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.
• British Medical Association v Commonwealth (Second Pharmaceutical Benefits case) [1949] HCA 44, (1949) 79 CLR 201: held the Pharmaceutical Benefits Act 1947 was invalid as authorising a form of civil conscription. Settled the construction of section 81 of the constitution that expenditure had to be supported by another head of legislative power.
• Australian Communist Party v The Commonwealth (Communist Party case) (1951): declared the Communist Party Dissolution Act 1950 (Cth) unconstitutional and invalid based on Parliament's inability to exercise a given power in the peace time context of the Act.
• McRae v Commonwealth Disposals Commission (1951): equal knowledge was required for a contract to be void for common mistake.
• Pye v Renshaw (1951): NSW legislation for the resumption of land that was not required to be funded under s 96 of the Constitution was not subject to the restriction in s 51(xxxi) that the acquisition of property be on just terms.

The Dixon Court: 1952–1964

• Australian Woollen Mills Pty Ltd v The Commonwealth (1954): a statement on government policy was not a legally binding offer capable of acceptance.
• O'Sullivan v Noarlunga Meat Ltd (1954): Scope of the trade and commerce power, under s51
• R v Davison [1954] HCA 46, (1954) 90 CLR 353: a registrar was not an officer of the Bankruptcy Court and a legislative attempt to confer upon a registrar the power of making a judicial order was void.
• Masters v Cameron [1954] HCA 72, (1954) 91 CLR 353 set out the possibilities when parties enter into an agreement, however that is yet to have been formalised in a more intricate agreement
• Mace v Murray [1955] HCA 2, (1955) 92 CLR 370 an appeal against a discretionary decision can only succeed if the appeal court reaches a clear conclusion that the primary judge has failed to properly exercise the discretion.
• R v Kirby; Ex parte Boilermakers' Society of Australia (Boilermakers' case) (1956): cornerstone decision confirming the separation of judicial and executive powers of the Commonwealth.
• O'Sullivan v Noarlunga Meat Ltd (No 2) (1956) refused to issue a certificate for 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.
• Aston v Harlee Manufacturing Co (1960): a person register a trade mark in Australia even if it is used by someone else in a foreign country & not in Australia
• 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.
• Latec Investments Ltd v Hotel Terrigal Pty Ltd (1965) discussion of the principles upon which the priority of competing equitable interests in land is to be determined
• Beaudesert Shire Council v Smith [1966] HCA 49, (1966) 120 CLR 145: a person who suffers loss because of the unlawful, intentional and positive acts of another, can recover damages independently of trespass, negligence or nuisance.
• Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1, (1968) 118 CLR 618 there must be a prima facie case before the court will grant an interlocutory injunction
• Pacific Film Laboratories v Commissioner of Tax (1970): defined copyright
• Strickland v Rocla Concrete Pipes Ltd (Concrete Pipes case) (1971): landmark Trade Practices Act 11974 (Cth) 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.
• Breskvar v Wall (1971) influential decision in Property Law, specifically in which equitable interests take priority.
• 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.
• R v Joske; Ex parte Australian Building Construction Employees and Builders' Labourers' Federation [1974] HCA 8, (1974) 130 CLR 87 non-judicial powers such as reorganising unions and invalidating union rules were allowed to be exercised by a Chapter III court.
• Cormack v Cope [1974] HCA 28, (1974) 131 CLR 432: Constitutional validity of the Joint Sitting of the Australian Parliament of 1974
• Victoria v Commonwealth (1975) and Western Australia v Commonwealth (First Territory Senators' Case) (1975): Validity of various Acts passed by the Joint Sitting of the Australian Parliament of 1974 and the validity of full representation for the Northern Territory and Australian Capital Territory in the Senate.
• New South Wales v The Commonwealth ('Seas and Submerged Lands case) (1975): sovereignty over the continental shelf.
• Murphyores Inc Pty Ltd v Commonwealth (1976): prevention of activity within a grant of legislative power
• Caltex Oil (Australia) Pty Ltd v Dredge "Willemstad" [1976] HCA 65, (1976) 136 CLR 529: pure economic loss was recoverable because the defendants knew or should have known that Caltex would suffer it.
• 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.
• Queensland v Commonwealth (1977) (Second Territory Senators' Case): the validity of full representation for the Northern Territory and Australian Capital Territory in the Parliament.
• Sankey v Whitlam (1978): extent of 'crown privilege'
• Bunning v Cross (1978) the onus is on the accused to prove evidence was improperly obtained in order to justify the exclusion of the evidence.
• Gronow v Gronow (1979) the preferred role of the mother was not a principle, presumption nor preference.
• 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 (Cth)
• Actors and Announcers Equity Association v. Fontana Films Pty Ltd (1982): extent of corporations power
• Legione v Hatley [1983] HCA 11, (1983) 152 CLR 406: the adoption of promissory estoppel into Australian law.
• R v Pearson; Ex parte Sipka (1983): found that there is no constitutional right to vote in Australia
• New South Wales v Commonwealth (1983) [1983] HCA 8, (1983) 151 CLR 302: Hospital Benefits Fund Case
• Commonwealth v Tasmania (Tasmanian Dams case) (1983): examined the extent of the Commonwealth's external affair power and the corporations power.
• Fencott v Muller (1983): extent of corporations power
• R v Coldham; Ex parte Australian Social Welfare Union (CYSS case) [1983] HCA 19, (1983) 153 CLR 297 overturned the Schoolteacher's case and held that social workers could be a party to an industrial dispute.
• 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): refused an application for certificate to appeal to Privy Council, stating the power "has long since been spent"
• He Kaw Teh v R (1985): Strict liability / Moral culpability issues in importing prohibited imports.
• Hilton v Wells [1985] HCA 16, (1985) 157 CLR 57
• Muschinski v Dodds (1985): the failure of this de facto relationship gave rise to a constructive trust.
• Australasian Meat Industry Employees Union v Mudginberri Station (1986): case arising from the Mudginberri dispute
• Williams v The Queen (1986): Admission of evidence.
• Pavey & Matthews Pty Ltd v Paul (1987) unjust enrichment and restitution for quantum meruit.

The Mason Court: 1987–1995

• Re Cram; Ex parte New South Wales Colliery Proprietors’ Association Ltd [1987] HCA 28, (1987) 163 CLR 117: held that matters of managerial prerogative could be the subject of an industrial dispute.
• Nile v Wood (1987): disqualification from election under section 44 of the Constitution is not simply for the conviction of an offence, but the person must be serving a sentence of imprisonment for one year or more.
• Re Ranger Uranium Mines Pty Ltd; Ex parte FMWUA [1987] HCA 63, (1987) 163 CLR 656: existing employees could create an industrial dispute for the reinstatement of a former employee who was unfairly dismissed.
• Waltons Stores (Interstate) Ltd v Maher (1988): equitable doctrines of unconscionability in commercial law
• Richardson v Forestry Commission of Tasmania (1988): applied external affair power following Tasmainan Dams Case.
• Cole v Whitfield (1988): Authority re section 92 of the Constitution. Significant also for holding that convention debates can be used to determine the meaning of words in the Australian Constitution.
• Re Wood (1988): Wood's election as a Senator was invalid as he was not an Australian citizen at the time.
• Bath v Alston Holdings Pty Ltd (1988): application of the freedom of interstate trade, as specified in s92 of the Constitution.
• Trident General Insurance v McNiece [1988] HCA 44, (1988) 165 CLR 107
• Air Caledonie v Commonwealth (1988): Provides guidance as to the constitutional definition of a tax.
• Mabo v Queensland (No 1) (Mabo No 1) (1988): held that Australian governments were not able to abolish native title rights arbitrarily
• Re Tracey; Ex parte Ryan [1989] HCA 12, (1989) 166 CLR 518 the defence power in s 51(vi) of the Constitution conferred power on the Parliament to enact a scheme of military discipline, including rules for the trial and punishment of offences, lying outside Chapter III.
• 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.
• Bropho v Western Australia (1990) refused to follow the Privy Council in relation to the law of Crown immunity, holding that it required ascertaining the intention of the Parliament.
• Barley Marketing Board (NSW) v Norman (1990): question of whether State-run marketing boards are permissible under s92 of the Constitution
• Commonwealth v Verwayen (1990) leading case about estoppel
• Attorney General (NSW) v Quin (1990):Legitimate expectation in Natural Justice and the extent a court can stop government policy
• Polyukhovich v Commonwealth (War Crimes Act case) (1991): validity of the War Crimes Act 1945 (Cth)
• Harris v Caladine [1991] HCA 9, (1991) 172 CLR 84 judicial power may be given to a non-judicial agent provided the judges still bear the major responsibility for exercise of the power and the exercise of power is subject to court review.
• Re Nolan; Ex Parte Young [1991] HCA 29, (1991) 172 CLR 460 a law to punish defence members and defence civilians for their conduct was a valid exercise of the defence power in s 51(vi) of the Constitution.
• 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.
• Louth v Diprose (1992) considered unconscionable conduct
• Mabo v Queensland (No 2) (Mabo) (1992): overturned the doctrine that Australia was terra nullius and recognised the native title of the Meriam people from the Murray islands in the Torres Strait.
• 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): A teacher in the Victorian state system on leave without pay had his election invalidated under subsection 44(i) of the Constitution as he was acting in an office for profit under the crown.
• Rogers v Whitaker (1992)
• Secretary of the Department of Health and Community Services v JWB and SMB (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.
• 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
• Baltic Shipping Company v Dillon (1993) incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment.
• Black v The Queen (1993) directions to a jury
• 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 (Cth).
• Burnie Port Authority v General Jones Pty Ltd (1994): tort law case which abolished the rule in Rylands v. Fletcher.
• Theophanous v Herald & Weekly Times Ltd (1994): implied freedom of political communication case.
• Re Tyler; Ex parte Foley [1994] HCA 25, (1994) 181 CLR 18 if the Constitution required a service tribunal exercising disciplinary powers to be independent, a general court martial constituted under the Defence Force Discipline Act met those requirements.
• Brandy v Human Rights and Equal Opportunity Commission (1995): HREOC could not exercise judicial power.
• Western Australia v Commonwealth [1995] HCA 47, (1995) 183 CLR 373 the Native Title Act (Cth) was a valid exercise of the race power and an inconsistent WA Act was invalid.
• Minister of State for Immigration and Ethnic Affairs v Teoh (Teoh's case) (1995): the ratification of an international Convention gave rise to a legitimate expectation that the convention would be applied by the Immigration department.
• Re Australian Education Union (1995): intergovernmental immunities in relation to the Constitution.
• Northern Territory v Mengel (1995): overturned its earlier decision in Beaudesert Shire Council v Smith, and that tort liability required either negligence or an intention to harm.

The Brennan Court: 1995–1998

• Byrne v Australian Airlines [1995] HCA 24, (1995) 185 CLR 410 test for implied terms in relation to an industrial award
• Grollo v Palmer [1995] HCA 26, (1995) 184 CLR 348
• 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
• Langer v Commonwealth (1996) full preferential voting was a valid method by which members of parliament were directly chosen by the people
• Wik Peoples v Queensland (1996): native title case
• Victoria v Commonwealth (Industrial Relations Act case) [1996] HCA 56, (1996) 187 CLR 416: examination of various constitutional bases for 1993 amendments to Industrial Relations Act 1988 (Cth)
• Leask v Commonwealth (1996) discussed the role of proportionality in the Constitution
• Wilson v Minister for Aboriginal & Torres Strait Islander Affairs [1996] HCA 18, (1996) 189 CLR 1 concerned the Hindmarsh Island bridge controversy
• 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] HCA 33, (19974) 189 CLR 345 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): 2nd Hindmarsh Island Bridge Case the amended s.51(xxvi) of the Constitution did not restrict the Commonwealth parliament to making laws for the benefit of the "Aboriginal race".
• Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998): waterfront dispute case
• 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] HCA 71, (1998) 95 CLR 424 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] HCA 22, (2000) 202 CLR 535: power of federal officers to enforce state laws.
• Truth About Motorways (2000): standing under Trade Practices Act 1974 (Cth)
• Airservices Australia v Canadian Airlines International Ltd (2000): Affirms previous High Court definitions of a tax.
• Ebner v Official Trustee in Bankruptcy [2000] HCA 63, (2000) 205 CLR 337
• CFMEU v Australian Industrial Relations Commission (private arbitration case) [2001] HCA 16, (2001) 203 CLR 645 a dispute settlement clause in the Gordonstone coal certified agreement created a power of private arbitration, not the exercise of the judicial power of the Commonwealth.
• Pilmer v Duke Group Ltd (in liq) (2001) whether a contract gives rise to fiduciary duties is always a matter of construction.
• Roxborough v Rothmans of Pall Mall Australia Ltd (2001) a tobacco wholesaler was unjustly enriched by retaining tobacco fees collected from the retailer that had been struck down by the High Court as an excise.
• Commonwealth v Yarmirr (2001) native title rights over the sea were inconsistent with the public rights of navigation and fishing
• ABC v Lenah Game Meats [2001] HCA 63, (2001) 208 CLR 199 the purpose of an interlocutory injunction is to preserve identifiable legal or equitable rights
• R v Carroll (2002): double jeopardy issue
• Dow Jones & Co Inc v Gutnick (2002): where material was published on the internet, a defamation suit could be brought where the plaintiff had his primary residence and where he was best known.
• Luton v Lessels (2002): Affirms previous High Court definitions of a tax.
• Members of the Yorta Yorta Aboriginal Community v Victoria (2002) affirmed a finding by the trial judge that the ‘tide of history’ had ‘washed away’ any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants.
• Western Australia v Ward (2002) native title is a bundle of rights, which may be extinguished one by one, for example, by a mining lease
• Ermogenous v Greek Orthodox Community of SA Inc [2002] HCA 8, (2002) 209 CLR 95 whether the engagement of a minister of religion was a contract, in which the Court was critical of the language of presumptions as to intention to create a legal relationship.
• Neat Domestic Training Pty Ltd v AWB Ltd (2003): ambit of administrative law in the case of commercialised state corporations
• Cattanach v Melchior (2003): medical negligence – a doctor forced to pay upkeep of a child born as a result of his negligence.
• Plaintiff S157/2002 v Commonwealth (2003) the Migration Act did not seek to exclude the jurisdiction of the High Court pursuant to section 75(v) of the Constitution.
• Re MUA; Ex parte CSL Pacific Shipping Inc [2003] HCA 43, (2001) 214 CLR 397 the Australian Industrial Relations Commission could validly make an award covering a foreign company operating a foreign flagged vessel with a foreign crew while the ship was trading in Australian waters, pursuant to the trade and commerce power.
• 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
• Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs (2004) harsh conditions of immigration detention do not render the detention unlawful.
• Re Aird; Ex parte Alpert [2004] HCA 44, (2004) 220 CLR 308 the Defence Force Discipline Act, which permitted a trial by general court martial, was a valid exercise of the defence power in s 51(vi) of the Constitution.
• Electrolux v AWU (2004): under the Workplace Relations Act 1996 (Cth) industrial action and certified agreements could only be about matters pertaining to the employment relationship.
• 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)
• Fish v Solution 6 Holdings Limited [2006] HCA 22, (2006) 225 CLR 180 the privative provisions of a NSW Act did not prevent the Court of Appeal from issuing prerogative relief for jurisdictional error.
• Harriton v Stephens (2006): medical negligence – consideration of whether damages could be awarded where claim of "wrongful life"
• New South Wales v Commonwealth (Workplace Relations case) (2006): considered the constitutional validity of WorkChoices, 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.
• Farah Construction v Say-Dee (2007) : Fiduciary duties; contains obiter dicta pertaining to many areas of the law of Equity.
• White v Director of Military Prosecutions [2007] HCA 29, (2007) 231 CLR 570 the administration of military justice under the Discipline Act was not an exercise of the judicial power of the Commonwealth.
• 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.
• Northern Territory of Australia v Arnhem Land Aboriginal Land Trust (Blue Mud Bay case) (2008) HCA 29 native title to waters over land

The French Court: 2008 – 2016

• Cesan v The Queen (2008): 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): the Rudd government's tax bonuses were constitutionally valid.
• Lane v Morrison [2009] HCA 29, (2009) 239 CLR 230 The Australian Military Court was an invalid attempt to exercise the judicial power of the Commonwealth because its members did not enjoy the tenure required by s 72 of the Constitution.
• Kirk v Industrial Court of NSW [2010] HCA 1, (2010) 239 CLR 531 State Parliaments cannot prevent State Supreme Courts from issuing prerogative relief for jurisdictional error.
• South Australia v Totani (2010): South Australian Bikie laws and freedom of association case: A State could not validly impair one of the defining characteristics of a court.
• Rowe v Electoral Commissioner (2010): Commonwealth legislation invalidly sought to restrict the time in which a person may seek to enroll in an election or alter their enrollment details after the writs for 2010 Australian Federal election had been issued.
• Minister for Immigration and Citizenship v SZMDS (2010) a matter on which reasonable minds might differ was not unreasonable or illogical.
• MRR v GR (2010) whether it was in the best interests of the child to live in a caravan park in Mount Isa.
• Plaintiff M61/2010E v Commonwealth (2010) The minister was required to afford procedural fairness to applicants for refugee status who were assessed as part of an "offshore processing regime"
• Telstra Corporation Ltd v Commonwealth (2010) the operation of the access regime to the copper telecommunications network did not result in an acquisition of property on unjust terms
• Plaintiff M70/2011 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.
• Wainohu v New South Wales [2011] HCA 24, (2011) 243 CLR 181 Non-judicial functions conferred upon judges of the Supreme Court of NSW were incompatible with institutional integrity of the Court
• Haskins v The Commonwealth [2011] HCA 28, (2011) 244 CLR 22 the Military Justice (Interim Measures) Act was a valid exercise of the defence power and provided lawful authority justifying the detention of the plaintiff.
• JT International SA v Commonwealth [2012] HCA 43, (2011) 250 CLR 1 rejected the Tobacco companies challenge to the Commonwealth's plain tobacco packaging laws, claiming their trademark property had been illegally acquired without compensation.
• Wotton v Queensland (2012): a gag order applying to all prisoners and parolees was a legitimate burden on freedom of political communication.
• Williams v Commonwealth (2012): School Chaplins case: The funding for school chaplins was not a valid use of prerogative powers for the executive under s61 of the constitution.
• Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32, (2012) 248 CLR 500 held the employer did not act for a prohibited reason when it suspended a union delegate over an inflammatory email.
• Betfair Pty Limited v Racing New South Wales [2012] HCA 12, (2012) 249 CLR 217 a fee to access race field information had no discriminatory or protectionist effect on interstate trade and did not infringe s 92 of the Constitution.
• Kakavas v Crown Melbourne Ltd (2013) A casino did not owe a duty of care to gamblers.
• Monis v The Queen (2013) a split decision on whether the implied freedom of political communication protected the sending of offensive messages by post.
• Akiba v Commonwealth (2013) held that native title rights at sea were not extinguished by legislation for fishing licences and third party rights of a personal character dependent upon status were not rights in relation to the waters.
• Commonwealth v ACT (Same-sex marriage case) (2014): The Marriage Equality Act 2013 (ACT) was invalid as inconsistent with the Marriage Act 1961 (Cth)
• Commonwealth Bank of Australia v Barker (2014): there is no implied term in contracts of employment in Australia imposing a mutual duty of trust and confidence.
• Williams v Commonwealth (No 2) (2014) : 2nd School Chaplins case: The legislation for funding for school chaplins was invalid as it extended beyond the scope of Parliament's power under the Constitution.
• CFMEU v BHP Coal Pty Ltd [2014] HCA 32, (2014) 253 CLR 500 held the employer did not act for a prohibited reason when it dismissed a union member who held up a scab sign during a union protest.
• Queensland v Congoo (2015) [2015] HCA 17 split decision on whether a temporary military occupation of the Bar Barrum people’s land during World War Two permanently extinguished their native title
• D'Arcy v Myriad Genetics Inc (2015) [2015] HCA 35: human genes are not a 'patentable invention' for the purposes of the Patents Act 1900 (Cth).
• Attwells v Jackson Lalic Lawyers Pty Ltd [2016] HCA 16: held that advice given by an advocate out of court that led to consent orders made by the court was not subject to the advocate's immunity from suit.
• Day v Australian Electoral Officer for SA [2016] HCA 20 upheld the 2016 Senate voting changes as both above the line and below the line voting were constitutionally valid methods for the people to choose their Senators.
• Murphy v Electoral Commissioner [2016] HCA 36 held that closing the electoral rolls 7 days after the issuing of writs was not a burden on the requirement that members of Parliament be directly chosen by the people.
• Cunningham v Commonwealth [2016] HCA 39 changes to the retiring allowances and life Gold Pass for retired members of Parliament were not an acquisition of property otherwise than on just terms.

The Kiefel Court: 2017–present

• Re Culleton (No 2) (2017): Rod Culleton was incapable of being chosen as a senator as he was subjected to be sentenced at the time of his election, despite the conviction subsequently being annulled.
• Re Day (No 2) (2017): Bob Day was disqualified from sitting as a senator as he had an interest in an agreement with the crown.
• Wilkie v Commonwealth (2017) expenditure for the Australian Marriage Law Postal Survey had been approved by Parliament and was the collection of "statistical information" that could be conducted by the ABS.
• Brown v Tasmania (2017): provisions of the Tasmanian Protestors Act were unconstitutional since they excessively burdened the implied constitutional right of political communication.
• Re Canavan, the Citizenship seven case (2017): followed Sykes v Cleary holding that the fact of dual citizenship was disqualifying, regardless of whether the person knew of the citizenship or took any voluntary act.
• Re Nash (No 2) [2017] HCA 52: the words "incapable of being chosen" refer to a process of being chosen that does not end on polling day; the process continues until such time as the result of the election is declared which, in the case of a vacancy arising under s 44 of the Constitution, cannot be until the places elected are filled by the qualified candidates.
• Alley v Gillespie [2018] HCA 11: section 46 of the Constitution and the displacing legislation cannot be read as conferring on the High Court the power to determine the eligibility of a member of parliament; that power is conferred on the relevant House of Parliament or the Court of Disputed Returns acting pursuant to a referral under the Commonwealth Electoral Act.

See also

• List of Privy Council cases
• List of Court of Disputed Returns cases
• List of Federal Court of Australia cases
• List of Australian Supreme Court cases