Facts Dr Henderson owned a house which was leased by the Defence Housing Authority (DHA). Under s 5(1) of the Defence Housing Authority Act (Cth), the function of the DHA is to provide adequate and suitable housing for members of the […]
Tag: intergovernmental immunities
Victoria v Commonwealth (1971) 122 CLR 353 (“The Payroll Tax Case”)
Facts The Commonwealth passed the Payroll Tax Act 1941 (Cth) (the Act). The Act imposed a 2.5% tax on all wages paid by an employer. It also applied to all state employers. Victoria challenged the Act on the grounds that it breached […]
Re Australian Education Union & Australian Nursing Federation; ex parte Victoria (1995) 184 CLR 188
Facts The Australian Industrial Relations Commission (AIRC) can refrain from hearing a dispute if that dispute could instead be handled by an appropriate State body. Victoria had previously abolished its state system established a new regime in the regulation of […]
Melbourne Corporation v Commonwealth (1947) 74 CLR 31 (“State Banking Case”)
Facts During World War 2, the Commonwealth Bank of Australia (CBA) was given powers to oversee and monitor private banks and control the supply of money and credit. The Banking Act 1945 (Cth) (the Act) attempted to make this regime permanent. The Commonwealth […]
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (1920) 28 CLR 129
Facts A union of engineers commenced a claim in the Commonwealth Court of Conciliation and Arbitration against Adelaide Steamship Co Ltd for an award relating to 844 employers across Australia. In Western Australia, the employers included three State governmental employers. […]
