List of High Court of Australia cases

This is a chronological list of significant cases decided by the High Court of Australia.

This list is incomplete; you can help by expanding it.

The Griffith Court: 1903–1919

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

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

The Dixon Court: 1952–1964

The Barwick Court: 1964–1981

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.
  • Computer Edge v Apple (1986): Copyright in computer software.
  • Pavey & Matthews Pty Ltd v Paul (1987) unjust enrichment and restitution for quantum meruit.

The Mason Court: 1987–1995

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
  • McGinty v Western Australia (1996) concerned malapportionment of state electorates
  • 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] HCA 31: 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] HCA 6: 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] HCA 59: 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) 195 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] HCA 22: 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
  • McCloy v New South Wales (2015) [2015] HCA 34: In reference to the Provisions of Election Funding, Expenditure and Disclosures Act 1981 (NSW) on whether the states have the power to forbid groups such as Property Developers from making Political Donations during an Election Cycle and whether it restricts Freedom of Political Association. The court found that states do have that power and it does not infringe on freedoms in the Constitution.
  • D'Arcy v Myriad Genetics Inc (2015): 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 Protesters 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): 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): 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.
  • Unions NSW v New South Wales [2019] HCA 1: section 29 (10) of the Electoral Funding Act 2018 (NSW), halving the permitted third-party political donation expense limit during elections, was unconstitutional since it impermissibly burdens the implied constitutional right of political communication.
  • Comcare v Banerji [2019] HCA 23: the sacking of state and federal public servants for making anonymous political comments on social media does not breach the implied constitutional right of political communication.
  • Love v Commonwealth; Thoms v Commonwealth (2020): Aboriginal Australians are not within the reach of the Commonwealth's power to make laws with respect to aliens, and therefore cannot be deported.[1][2]

References
  1. Byrne, Elizabeth; Robertson, Josh (11 February 2020). "High Court rules Aboriginal people cannot be deported for criminal convictions, cannot be 'alien' to Australia". ABC News. Australian Broadcasting Corporation. Retrieved 11 February 2020.
  2. "LOVEv COMMONWEALTH OF AUSTRALIA; THOMSv COMMONWEALTH OF AUSTRALIA [2020] HCA 3 - Judgment Summary" (PDF). High Court of Australia. Commonwealth of Australia. Retrieved 11 February 2020.

See also
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