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 .
• Peterswald v Bartley (1904): Dealt with s90 of the Australian Constitution, which prohibits States from levying excise.
• 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.
• Tasmania v Commonwealth (1904): Concerned the proper approach to the interpretation of the Constitution.
• Deakin v Webb [1904] HCA 57, (1904) 1 CLR 585 held that Alfred Deakin was not liable to pay Victorian income tax on his salary as a member of the Australian House of Representatives.
• Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association (Railway servants case) [1906] HCA 94, (1906) 1 CLR 488: State railways employees could not be part of an interstate industrial dispute under the doctrine of "implied inter-governmental immunities".
• Baxter v Commissoners of Taxation (NSW) [1907] HCA 76, (1907) 4 CLR 1087 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".
• 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.
• R v Barger (1908): High Court appeal which overruled the Harvester Judgement.
• 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 Broken Hill Proprietary Co Ltd [1909] HCA 20, (1909) 8 CLR 419: prohibition against the Court of Conciliation and Arbitration.
• Federated Sawmill Employees Association v James Moore & Sons Pty Ltd [1909] HCA 43, (1909) 8 CLR 465: 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] HCA 53, (1910) 11 CLR 311 the Court of Conciliation and Arbitration had no power to make common rule awards to prevent industrial disputes.
• SS Kalibia v Wilson [1910] HCA 77, (1910) 11 CLR 689: 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] HCA 69, (1912) 15 CLR 333: 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] HCA 36, (1916) 21 CLR 433: 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): 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, (1925) 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 and (No 2) [1930] HCA 2 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): 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
• First State Garnishee case (1932)
• Tuckiar v the King (1934): race relations and lawyer duty case.
• R v Carter; ex parte Kisch (1934) / 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.
• Matthews v Chicory Marketing Board (Vic) (1938): Considered s90 of the Constitution, which prohibits States from levying excise.
• 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): 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)
• 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.
• First Pharmaceutical Benefits case (1945)
• 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.
• 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.
• Pye v Renshaw (1951): Deals with the effect of s51(xxxi) on s96.

The Dixon Court: 1952–1964

• 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 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.
• 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.
• 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.
• 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 (the First Territory Senators Case) (1975): Validity of various Acts passed by the Joint Sitting of the Australian Parliament of 1974
• New South Wales v The Commonwealth ('Seas and Submerged Lands case) (1975): sovereignty over the continental shelf.
• Murphyores Inc Pty Ltd v Commonwealth (1976) 136 CLR 1; [1976] HCA 20: prevention of activity within a grant of legislative power
• 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) 139 CLR 585: The Second Territory Senators Case
• Sankey v Whitlam (1978): extent of 'crown privilege'
• 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
• R v Pearson; Ex parte Sipka (1983): found that there is no constitutional right to vote in Australia
• 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
• Australasian Meat Industry Employees Union v Mudginberri Station (1986): case arising from the Mudginberri dispute
• Williams v The Queen (1986): Admission of evidence.

The Mason Court: 1987–1995

• Re Cram; Ex parte New South Wales Colliery Proprietors’ Association Ltd [1987] HCA 27, (1987) 163 CLR 117 held that matters of managerial prerogative could be the subject of an industrial dispute.
• 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 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. Significant also for holding that convention debates can be used to determine the meaning of words in the Australian Constitution
• Mabo v Queensland (No 1) (Mabo No 1) (1988): held that Australian governments were not able to abolish native title rights arbitrarily
• Air Caledonie v Commonwealth (1988): Provides guidance as to the constitutional definition of a tax.
• Bath v Alston Holdings Pty Ltd (1988): application of the freedom of interstate trade, as specified in s92 of the Constitution.
• ’’Richardson v Forestry Commission of Tasmania:applied external affair power following Tasmainan Dams Case.
• 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.
• Barley Marketing Board (NSW) v Norman (1990): question of whether State-run marketing boards are permissible under s92 of the Constitution
• 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.
• 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
• 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, (1995) 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.
• Minister of State for Immigration and Ethnic Affairs v Teoh (Teoh's case) (1995)
• Re Australian Education Union (1995): intergovernmental immunities in relation to the Constitution.
• Brandy v Human Rights and Equal Opportunity Commission (1995) HREOC could not exercise judicial power.

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
• 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) HCA 22: 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 v MUA (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.
• R v Carroll (2002): double jeopardy issue
• Gutnick v Dow Jones (2002): Issue of where defamatory material was published.
• Luton v Lessels (2002): Affirms previous High Court definitions of a tax.
• 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 Australia Holdings 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.
• 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
• 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.
• 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.

The French Court: 2008 – present

• 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.
• 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] HCA 2 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.
• Kakavas v Crown Melbourne Ltd (2013) A casino did not owe a duty of care to gamblers.
• Akiba v Commonwealth (2013) HCA 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.
• The Commonwealth of Australia v The Australian Capital Territory The same sex marriage case: The Marriage Equality Act 2013 (ACT) was invalid as inconsistent with the Marriage Act 1961 (Cth)
• Commonwealth Bank of Australia v Barker [2014] 41, (2014) 253 CLR 243 there is no implied term in contracts of employment in Australia imposing a mutual duty of trust and confidence.
• 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.
• 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.

See also

• List of Privy Council cases
• List of Australian Supreme Court cases