Unreferenced date February 2010 Infobox Court Case name KirmanivCaptainCookCruisesPtyLtd No 2 court High Court of Australia date decided 17 April 1985 full name KirmanivCaptainCookCruisesPtyLtd No 2 citations http www.austlii.edu.au au cases cth HCA 1985 27.html 1985 159 CLR 461 1985 HCA 27 judges Harry Gibbs Gibbs CJ, Anthony Mason judge Mason , Ronald Wilson Wilson Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson JJ prior actions KirmanivCaptainCookCruisesPtyLtd No 1 1985 HCA 8 1985 159 CLR 351 subsequent actions none opinions per curiam The circumstance that a question is of great importance and that opinions are divided upon it does not provide a reason for granting a certificate. Questions of constitutional importance should be finally decided by the High Court and the jurisdiction to grant a certificate under s 74 is obsolete. KirmanivCaptainCookCruisesPtyLtd No 2 1985 HCA 27 1985 159 Commonwealth Law Reports CLR 461, was a decision handed down in the High Court of Australia on 17 April 1985 concerning Section 74 of the Australian Constitution section 74 of the Constitution of Australia . The Court denied an application by Attorney General for Queensland for a certificate that the questions of law arising from the Court s decision in KirmanivCaptainCookCruisesPtyLtd No 1 ought to be determined by the Judicial Committee of the Privy Council Privy Council . Up until the KirmanivCaptainCookCruisesPtyLtd No 2 case, decisions of the High Court of Australia could be appealed to the Privy Council, if the High Court allowed it. In this case, en banc every judge decided that the High Court itself would be the final court of appeal for Australian legal cases. References reflist Category High Court of Australia cases Category Australian constitutional law Category 1985 in Australia Category 1985 in case law australia law stub ... more details
orphan date January 2008 Infobox Court Case name Airlines of New South Wales PtyLtdv New South Wales No 2 court High Court of Australia image Australian coat of arms 1912 edit.png date decided 3 February 1965 full name Airlines of New South Wales PtyLtdv New South Wales No 2 citations http www.austlii.edu.au au cases cth high ct 113clr54.html 1965 113 CLR 54 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies , Victor Windeyer Windeyer and William Owen judge Owen JJ prior actions none subsequent actions none opinions 6 1 Air Navigation Regulations 198 and 199 were held to be within power, as they promoted the safety of interstate trade and commerce small Barwick CJ, McTiernan, Kitto, Menzies, Windeyer & Owen JJ Taylor J dissenting small 7 0 Regulation 200B was held to be invalid as it went beyond being a safety measure small Barwick CJ, McTiernan, Kitto, Taylor, Menzies, Windeyer & Owen JJ small Airlines of New South Wales PtyLtdv New South Wales No 2 1965 113 Commonwealth Law Reports CLR 54 was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation . Although the Commonwealth has the power to regulate wiktionary interstate interstate air navigation under Section 51 i of the Australian Constitution s 51 i of the Constitution, it can only regulate intrastate air navigation under the implied incidental power attached to that head of power. It was held that intrastate air navigation can be regulated to the extent that it provides for the safety ... to by Owen Dixon Dixon CJ in Wragg v State of New South Wales 1953 88 CLR 353, which was quoted ... South Australia v The Commonwealth 1942 65 CLR 373. Furthermore, Barwick CJ reiterated the rejection of the reserved State powers doctrine see Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd. . In this instance, the enactment of State laws will not serve to curtail any Commonwealth ... more details
Infobox Court Case name Anderson s PtyLtdv Victoria court High Court of Australia image Australia coa.png date decided 17 December 1964 full name Anderson s PtyLtdv Victoria citations http www.austlii.edu.au au cases cth high ct 111clr353.html 1964 111 CLR 353 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies and Victor Windeyer Windeyer JJ prior actions none subsequent actions none opinions Anderson s PtyLtdv Victoria 1964 111 Commonwealth Law Reports CLR 353 is a High Court of Australia case that dealt with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution . In this case, following on from such cases as Dennis Hotels PtyLtdv Victoria , Barwick CJ accepted the broad approach to the definition of an excise, but rejected the formalistic criterion of liability approach for determining if the excise falls at the relevant step. He adopted the substance over form approach, or the substantial effects doctrine, in that there are many factors to be considered, for example, the indirectness of the tax, its effect on the cost of goods and its proximity to the production or distribution of the goods. See also Section 90 of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth high ct 111clr353.html Full text of the decision Category High Court of Australia cases Category 1964 in Australia Category Australian constitutional law Category Excise in the Australian Constitution cases Category 1964 in case law ... more details
Infobox Court Case name Dickenson s Arcade PtyLtdv Tasmania court High Court of Australia image Australia coa.png date decided 1 April 1974 full name Dickenson s Arcade PtyLtdv Tasmania citations http www.austlii.edu.au au cases cth high ct 130clr177.html 1974 130 CLR 177 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Douglas Menzies Menzies , Harry Gibbs Gibbs , Ninian Stephen Stephen and Anthony Mason judge Mason JJ prior actions none subsequent actions none opinions 5 1 A licensing scheme with a backdating mechanism is not an excise small per Barwick CJ, Menzies, Gibbs, Stephen & Mason JJ McTiernan J dissenting small Dickenson s Arcade PtyLtdv Tasmania 1974 130 Commonwealth Law Reports CLR 177 is a High Court of Australia case that dealt with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution . In this case, the Act in question imposed licences for the sale of tobacco, and the fee was calculated as being 2.5 percent of the retail value of tobacco sold in the 12 month period ending 6 months prior to the licence period. Three judges, namely Gibbs, Menzies and Stephen JJ, applied the criterion of liability approach and held that the fee was not an excise and thus not invalid by section 90 see Dennis Hotels PtyLtdv Victoria . Barwick CJ and Mason J, while disapproving of the criterion of liability approach, felt bound to follow the precedent set by Dennis Hotels , since the facts of that cases were quite similar to those in this case. The Court, with the exception of McTiernan J, excluded consumption taxes from duties of excise, although such taxes are frequently also a tax on the sale of goods. See also Section 90 of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth high ct ... more details
Infobox Court Case name Murphyores Inc PtyLtdv Commonwealth court High Court of Australia image Australian coat of arms 1912 edit.png date decided April 14, 1976 full name Murphyores Inc PtyLtdv The Commonwealth of Australia citations http www.austlii.edu.au au cases cth high ct 136clr1.html 1976 136 CLR 1 , http www.austlii.edu.au au cases cth HCA 1976 20.html & 091 1976& 093 HCA 20 judges Garfield Barwick Barwick CJ, Edward McTiernan McTiernan , Harry Gibbs Gibbs , Ninian Stephen Stephen , Anthony Mason judge Mason , Kenneth Jacobs Jacobs & Lionel Murphy Murphy JJ prior actions none subsequent actions none opinions 7 0 Section 112 of the Customs Act 1901 Cth was a constitutionally valid law under the trade and commerce power small per Barwick CJ, McTiernan, Gibbs, Stephen, Mason, Jacobs & Murphy JJ small Murphyores Inc PtyLtdv Commonwealth 1976 136 Commonwealth Law Reports CLR 1 1976 HCA 20, was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in Section 51 i of the Australian Constitution section 51 i of the Australian Constitution Constitution . Background Section 112 of the http www.austlii.edu.au au legis cth consol act ca1901124 Customs Act 1901 Cth prohibited the exportation of mineral sands unless authorised by the Minister. Murphyores Inc PtyLtd, which held leases from the state of Queensland to mine mineral sands on Fraser Island , sought permission from the Minister to export mineral sands. Such authorisation was withheld pending the outcome of an environmental inquiry. Murphyores challenged the constitutional validity of prohibition and sought an injunction to the study, and a declaration that the Minister cannot make a prohibition for environmental purposes. Decision In a unanimous decision, the court held the legislation was a valid exercise of the trade and commerce power. Section 51 i of the Australian Constitution Section 51 i was a non purposive power, and the only relevant factor was the subject ... more details
Infobox Court Case name Hematite Petroleum PtyLtdv Victoria court High Court of Australia image Australia coa.png date decided 5 August 1983 full name Hematite Petroleum PtyLtdv Victoria citations http www.austlii.edu.au au cases cth high ct 151clr599.html 1983 151 CLR 599 judges Harry Gibbs Gibbs CJ, Anthony Mason judge Mason , Lionel Murphy Murphy , Ronald Wilson Wilson , Gerard Brennan Brennan and William Deane Deane JJ prior actions none subsequent actions none opinions Hematite Petroleum PtyLtdv Victoria 1983 151 Commonwealth Law Reports CLR 599 is a High Court of Australia case that deals with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution . Background The plaintiffs sought a declaration that the tax imposed in the Pipelines Act 1967 Victoria Australia Vic , as amended by the Pipelines Fees Act 1981 Vic , was invalid for being an excise duty contrary to section 90. The pipeline operation fee for the financial year 1981 1982 was 10 million for the trunk pipelines. These pipelines were used for the transportation of gas liquids and crude oil, which formed an integral step in the production of the products sold by the plaintiffs . Decision Mason J restated the rejection of the narrow view of excise, but noted that the broad view was tempered by the insistence of the Court that there be a strict relationship between the tax and the goods the criterion of liability approach , and the problem of defining that relationship. He referred to the formulation in Bolton v Madsen , which has not emerged unscathed from the more recent decisions on s 90 for example, there was Barwick CJ s formulation of a variety of factors in Anderson s PtyLtdv Victoria . His Honour notes that section 90 would do very little to add to the powers of the Commonwealth s economic and financial powers, if the States were allowed to circumvent the prohibition in section 90 through the criterion of liability approach. Since section ... more details
orphan date January 2008 Infobox Court Case name Bath v Alston Holdings PtyLtd court High Court of Australia image Australian coat of arms 1912 edit.png date decided 7 June 1988 full name Bath v Alston Holdings PtyLtd citations http www.austlii.edu.au au cases cth high ct 165clr411.html 1988 165 CLR 411 judges Anthony Mason judge Mason CJ, Ronald Wilson Wilson , Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey Toohey and Mary Gaudron Gaudron JJ prior actions none subsequent actions none opinions 4 3 The retail fee in question was found to be discriminatory and protectionist in relation to interstate trade small per Mason CJ, Brennan, Deane & Dawson JJ Wilson, Toohey & Dawson JJ dissenting small Bath v Alston Holdings PtyLtd 1988 165 Commonwealth Law Reports CLR 411 is a High Court of Australia case that discusses the application of the freedom of interstate trade, as specified in Section 92 of the Australian Constitution section 92 of the Constitution of Australia Australian Constitution . This case followed the unanimous decision of Cole v Whitfield regarding the interpretation of section 92 as about free trade as opposed to individual rights. Background The Business Franchise Tobacco Act 1974 Victoria Australia Vic imposed a licensing scheme for the sale of tobacco . For retailers, the fee was composed of a flat fee and an amount equal to 25 of the value of the tobacco sold in the previous twelve months. The Act also made for the provision of wholesalers, and tobacco bought by retailers from Victorian wholesalers would not be taken into account for the assessment of the retailer fee. This was ostensibly to avoid double taxing the tobacco sold. The defendant, Alston Holdings PtyLtd, was a tobacco retailer in Victoria, who imported tobacco ... only weeks later, brought with it a split bench, but as suggested in Castlemaine Tooheys Ltdv South ... the Act on section 92 grounds. Decision The unanimous decision in Cole v Whitfield soothed the confused ... more details
Milirrpum v Nabalco PtyLtd , 1971 17 FLR 141 the Gove land rights case , was the first litigation on native title in Australia . The decision of Justice Richard Blackburn ruled against the claimants on a number of issues of law and fact, rejecting the doctrine of aboriginal title in favor of terra nullius . Although Milirrpum was not appealed beyond the Supreme Court of the Northern Territory , it was overruled by the High Court of Australia two decades later in Mabo v Queensland No 2 1992 . Blackburn, in a confidential memorandum to the government and opposition, opined that a system of Aboriginal land rights was morally right and socially expedient . ref National Archives of Australia, confidential memorandum provided to government and opposition by Justice Blackburn urging the establishment of a statutory system of land rights, 1972, released 31 Dec 2001 ref The judgement concludes I cannot help being specially conscious that for the plaintiffs it is a matter in which their personal feelings are involved. ref 1971 71 FLR 141 at 293. ref Background main Native title in Australia In December 1968, the Yolngu people living in Yirrkala, Northern Territory Yirrkala , who were the traditional owners of the Gove Peninsula in Arnhem Land , obtained writs in the Supreme Court of the Northern Territory against the Alcan Nabalco Corporation, which had secured a twelve year bauxite mining lease from the Federal Government. Their goal was to establish in law their rightful claim to their homelands. The Yolngu people claimed they enjoyed legal and sovereignty sovereign rights over their land and sought declarations to occupy the land free from interference pursuant to their native title rights. The Yolngu people had petitioned the Australian House of Representatives in August 1963 ... became Australian of the Year for his work on indigenous rights . References reflist 2 DEFAULTSORT Milirrpum v Nabalco PtyLtd Category Native title case law in Australia Category Northern Territory ... more details
Infobox Court Case name Nationwide News PtyLtdv Wills court High Court of Australia image Australia coa.png date decided 30 September 1992 full name Nationwide News PtyLtdv Wills citations http www.austlii.edu.au au cases cth HCA 1992 46.html 1992 177 CLR 1 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey Toohey , Mary Gaudron Gaudron and Michael McHugh McHugh JJ prior actions none subsequent actions none opinions 7 0 The law in question was held to be invalid small per Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron & McHugh JJ small Nationwide News PtyLtdv Wills 1992 177 Commonwealth Law Reports CLR 1 is a High Court of Australia case that deals with a number of issues regarding the Constitution of Australia Australian Constitution , including freedom of interstate intercourse Section 92 of the Australian Constitution section 92 , the implied freedom of political communication, and the role of proportionality. Background The Industrial Relations Act 1988 Cth made it an offence to bring the Australian Industrial Relations Commission into disrepute. Nationwide News published an article attacking the integrity and independence of the Commission. Nationwide News argued that the Act infringed the implied freedom of political communications, while the Commonwealth argued that the Act was valid under Section 51 xxxv of the Australian Constitution section 51 xxxv conciliation and arbitration power , as well as Section 51 xxxix of the Australian Constitution section 51 xxxix express incidental power . Decision Interstate intercourse Although it was not a decisive factor, it was argued that freedom of communication falls under freedom of interstate intercourse. Per Brennan J, the protection in section 92 is given to such things as the movement of people, goods and communications. The essential ingredient is that there is movement across State boundaries, although the movement need not be perceivable ... more details
Infobox Court Case name Dennis Hotels PtyLtdv Victoria court High Court of Australia image Australian coat of arms 1912 edit.png date decided 26 February 1960 full name Dennis Hotels PtyLtdv Victoria citations http www.austlii.edu.au au cases cth high ct 104clr529.html 1960 104 CLR 529 judges Owen Dixon Dixon CJ, Edward McTiernan McTiernan , Wilfred Fullagar Fullagar , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies and Victor Windeyer Windeyer JJ prior actions none subsequent actions none opinions 4 3 The fee for the renewal of a liquor retailer s licence was held not to be an excise small per Fullagar, Kitto, Menzies & Taylor JJ small 4 3 The fee for the temporary licence was held to be an excise small per Dixon CJ, McTiernan, Menzies & Windeyer JJ small Dennis Hotels PtyLtdv Victoria 1960 104 Commonwealth Law Reports CLR 529 is a High Court of Australia case that deals with Section 90 of the Australian Constitution section 90 of the Constitution of Australia Australian Constitution , which prohibits States from levying customs or excise duties. Although some of the judges used the now discredited criterion of liability approach, this case remains authority for cases that are factually similar to it. Background The Licensing Act 1958 Vic contained two sections of contention. Section 19 1 a imposed fees for the grant or renewal of liquor licences, and the fee was calculated as 6 percent of the value of liquor purchased during the 12 months up to June 30 of the previous year. Section 19 1 b imposed fees for temporary licences, and the fee would be 1 Australian pound pound per year together with 6 percent of the value of liquor purchased. Decision Three judges, Fullagar, Kitto and Taylor JJ, used the highly formalistic criterion of liability approach which has since been discredited to decide this case. In this approach, the fees were not viewed ..., applying the minority judgment in Parton v Milk Board Vic . However, in deciding the character ... more details
Infobox Court Case name Burnie Port Authority v General Jones PtyLtd court High Court of Australia date decided 24 March 1994 full name Burnie Port Authority v General Jones PtyLtd citations http www.austlii.edu.au au cases cth high ct 179clr520.html 1994 179 CLR 520 , http www.austlii.edu.au au cases cth HCA 1994 13.html & 091 1994& 093 HCA 13 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey Toohey , Mary Gaudron Gaudron & Michael McHugh McHugh JJ prior actions Mabo v Queensland 1988 Mabo v The State of Queensland 1988 subsequent actions none opinions 5 2 Authority liable to General Jones under ordinary principles of negligence appeal dismissed. small per Mason CJ, Deane, Dawson, Toohey, Gaudron JJ small Burnie Port Authority v General Jones PtyLtd 1994 179 CLR 520 is a tort law case from the High Court of Australia , which decided it would abolish the rule in Rylands v. Fletcher . Facts A fire, caused by an independent contractor s employee welding negligently, began on the defendant s premises and spread to a nearby property. The property was burnt. The plaintiff sued under nuisance , negligence and the rule in Rylands v. Fletcher . Judgment The High Court held that Rylands involved quite unacceptable uncertainty 540 . It said that Blackburn J s formulation had been all but obliterated by subsequent judicial explanations and qualifications 536 . And at the time of Rylands , negligence liability was limited to a miscellany of disparate categories of cases and only with Heaven v. Pender 1883 11 QBD 503 and Donoghue v. Stevenson 1932 AC 562, 580 was liability grounded on general foreseeability 543 . The justices ... on the basis of Rylands v Fletcher principle. The grounds of nuisance and negligence were not appealed. Appealed to the High Court of Australia See also Transco plc v Stockport MBC External links http www.austlii.edu.au au cases cth HCA 1994 13.html Burnie Port Authority v General Jones PtyLtd & 091 ... more details
was denied in Australian National Airways PtyLtdv Commonwealth No 2 1946 71 Commonwealth Law Reports CLR 115. ref name Austlii 1946 HCA 10 AustralianNationalAirwaysPtyLtdvCommonwealth 2 Austliiref cite ... National Airways PtyLtdv Commonwealth No 2 publisher Austlii accessdate 8 April 2010 ref See also ...Australian National Airways PtyLtdv Commonwealth No 1 1945 71 Commonwealth Law Reports CLR 29 most commonly known as Australian National Airways PtyLtdv Commonwealth and also referred to as The Airlines Case or the ANA Case was a High Court of Australia decision. The case dealt with limits of the powers of the Australian Federal Government under sections Section 51 i of the Australian Constitution 51 and Section 92 of the Australian Constitution 92 of the Constitution of Australia Australian Constitution . The outcome of the case was that the Federal Government could found a federally owned airline , but it could not hinder private sector competition with that airline. Background In mid 1945, the Australian Labor Party Labor Federal Government of Prime Minister of Australia Prime Minster Ben Chifley introduced a Bill proposed law bill into in the Australian House of Representatives House of Representatives that would have the effect of nationalising interstate Airlines in Australia. ref name UQP 1987 Galligan PoliticsoftheHighCourt cite book last Galligan first Brian title Politics of the High Court publisher University of Queensland Press year 1987 chapter 4 accessdate 7 April 2010 ref At the time, Australian National Airways ANA was the dominant National airline domestic carrier in Australia. ref name UQP 1987 Galligan PoliticsoftheHighCourt After the bill received Royal assent Other Commonwealth Realms Royal Assent as the Australian Airlines Act 1945 ref name Documents ... title Australian National Airways PtyLtdv Commonwealth No 1 Airlines Nationalisation case 1945 ... DEFAULTSORT Australian National Airways PtyLtdV Commonwealth Category 1945 in Australia Category ... more details
Infobox Court Case name P J Magennis PtyLtdv Commonwealth court High Court of Australia image Australia coa.png date decided 21 December 1949 full name P J Magennis PtyLtdv The Commonwealth citations http www.austlii.edu.au au cases cth HCA 1949 66.html 1949 80 CLR 382 judges John Latham jurist Latham CJ, George Rich Rich , Owen Dixon Dixon , Edward McTiernan McTiernan , Dudley Williams Williams and William Webb judge Webb JJ prior actions none subsequent actions none opinions 4 2 The law is invalid for not acquiring property on just terms small per Latham CJ, Rich, Williams & Webb JJ Dixon & McTiernan dissenting small P J Magennis PtyLtdv Commonwealth 1949 80 Commonwealth Law Reports CLR 382 is a High Court of Australia case that deals with the Commonwealth s power of acquisition of property, which must be on just terms, as specified in section 51 xxxi of the Constitution of Australia Australian Constitution . The Commonwealth government wished to purchase land for resettlement after World War II . Because the States are not required to acquire property on just terms, the Commonwealth government entered into a deal with the New South Wales government, which would purchase the land for a lower price. The Commonwealth government would then pay the New South Wales government in the form of a grant Section 96 of the Australian Constitution section 96 The majority characterised the law as being one of acquiring real property, instead of the grants power. Consequently, the law was amended to remove references to the acquisition of property. This resulted in the later case of Pye v Renshaw . See also Section 51 of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth HCA 1949 66.html Full text of the decision Category High Court of Australia cases Category 1949 ... more details
unreferenced date June 2010 Infobox Court Case name Bathurst City Council v PWC Properties PtyLtd court High Court of Australia image Australian coat of arms 1912 edit.png date decided 30 September 1998 full name Bathurst City Council v PWC Properties PtyLtd citations 1998 195 CLR 566 http www.austlii.edu.au au cases cth HCA 1998 59.html 1998 HCA 59 http www.austlii.edu.au au cases cth HCA 1998 59.html judges Mary Gaudron Gaudron J , Michael McHugh McHugh J , William Gummow Gummow J , Kenneth Hayne Hayne & Ian Callinan Callinan JJ prior actions Bathurst City Council v PWC Properties PtyLtd 1997 41 NSWLR 522 subsequent actions none opinions 5 0 A charitable trust cannot be imposed as a substitute or species of constructive trust because it would lack the fundamental requirements of a trust for charitable purposes. It was also noted that the Court should consider other equitable remedies before imposing a constructive trust. Bathurst City Council v PWC Properties PtyLtd was a case decided by the High Court of Australia High Court on 30 September 1998. The case involved Council owned land that was being used as a public car park . The respondent PWC Properties PtyLtd sought to change the local planning controls governing the car park, to prohibit the Council from further altering the use of the land to be anything but a public car park. The respondent argued that because the car park was freely available for use by members of the general public, the land was subject to a constructive trust , for Charitable organization charitable purposes. The Court ruled in favour of the appellant the Council citing the old English case of Commissioners for Special Purposes of Income Tax v Pemsel 1891 to support its Legal judgment judgment that the imposition of a constructive trust over the land would not create a trust for charitable purposes and that in this circumstances there would be other and more immediate equitable judicial remedy remedies available to the respondent. Category ... more details
Infobox Court Case name Swift Australian Co PtyLtdv Boyd Parkinson court High Court of Australia image Australian coat of arms 1912 edit.png date decided 8 August 1962 full name Swift Australian Co PtyLtdv Boyd Parkinson citations http www.austlii.edu.au au cases cth high ct 108clr189.html 1962 108 CLR 189 judges Owen Dixon Dixon CJ, Edward McTiernan McTiernan , Frank Kitto Kitto , Alan Taylor jurist Taylor , Douglas Menzies Menzies , Victor Windeyer Windeyer and William Owen judge Owen JJ prior actions none subsequent actions none opinions 6 1 Regulation 5 of the Customs Act did not cover the regulation of mixed export and domestic meat producers. small per Dixon CJ, McTiernan, Kitto, Taylor, Menzies & Windeyer JJ small Swift Australian Co PtyLtdv Boyd Parkinson 1962 108 Commonwealth Law Reports CLR 189 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power in section 51 i of the Australian Constitution Constitution . Background Swift the appellant was a company incorporated in Queensland which conducted a business in the meat and meat exporting trade in that state and elsewhere. The company owned a building in Maryborough, Queensland Maryborough where it conducted a number of operations including the killing and treatment of poultry. It was registered under the Commonwealth Commerce Meat Export Regulations made under the Customs Act 1901 1960. It was registered as an establishment at which a long list of operations was allowed to take place, including the Slaughtering, chilling, freezing and storage of poultry for export . While Swift was in possession of a Commonwealth licence for the production and export of poultry, it did not have the relevant state licence for the same purpose, as mandated under the Poultry Industry Acts, 1946 to 1959 of the State of Queensland. Swift was subsequently convicted by a Court of Petty ... in the negative, distinguishing the case from O Sullivan v Noarlunga Meat Ltd , where all of the meat ... more details
Use dmy dates date August 2010 Infobox Court Case name Australian Capital Television PtyLtdv Commonwealth italic title force court High Court of Australia image Australian coat of arms 1912 edit.png date decided 30 September 1992 full name Australian Capital Television PtyLtd & Ors v Commonwealth New South Wales v Commonwealth & Anor citations http www.austlii.edu.au au cases cth high ct 177clr106.html 1992 177 CLR 106 , http www.austlii.edu.au au cases cth HCA 1992 45.html & 091 1992& 093 HCA 45 judges Anthony Mason judge Mason CJ, Gerard Brennan Brennan , William Deane Deane , Daryl Dawson Dawson , John Toohey Toohey , Mary Gaudron Gaudron & Michael McHugh McHugh JJ prior actions none subsequent actions none opinions 5 2 the Australian Constitution Constitution provides for a system of responsible government , and the right to free political communication is an indispensable part of that system small per Mason CJ, Brennan, Deane, Toohey & Gaudron JJ small 4 3 part IIID of the Broadcasting Act 1942 was invalid, because it contravened this implied right small per Mason CJ, Deane, Toohey & Gaudron JJ Brennan and McHugh JJ dissenting in part small Australian Capital Television v Commonwealth 1992 177 Commonwealth Law Reports CLR 106 was a significant court legal case case decided in the High Court of Australia on 30 September 1992. It concerned the constitutional validity of Part IIID of the Broadcasting Act 1942 , which regulated political advertising during election campaigns, and required broadcasters to broadcast political advertisements free of charge at other times. The High Court found the laws to be invalid, since they contravened an implied right to freedom of political communication note there is no guarantee of freedom of speech in the Australian Constitution . Background to the case In 1991, the Government of Australia the Commonwealth under Prime Minister ... Australian Capital Television PtyLtdV Commonwealth Category Australian constitutional law Category ... more details
orphan date January 2008 Infobox Court Case name Deputy Federal Commissioner of Taxation NSW v W R Moran PtyLtd court High Court of Australia image Australia coa.png date decided 25 July 1939 full name The Deputy Federal Commissioner of Taxation New South Wales v W R Moran Proprietary Limited citations http www.austlii.edu.au au cases cth HCA 1939 27.html 1939 61 CLR 735 judges John Latham Latham CJ, George Rich Rich , Hayden Starke Starke , H.V. Evatt Evatt , and Edward McTiernan McTiernan JJ prior actions none subsequent actions none opinions 4 1 There is no constitutional limit to granting money in a discriminatory manner small per Latham CJ, Rich, Starke & McTiernan JJ Evatt J dissenting small Deputy Federal Commissioner of Taxation NSW v W R Moran PtyLtd 1939 61 Commonwealth Law Reports CLR 735 is a High Court of Australia case that deals with whether Section 96 of the Australian Constitution section 96 is limited by Section 99 of the Australian Constitution section 99 , which prevents Commonwealth laws discriminating between States. In this case, the Commonwealth imposed a tax on flour millers, but reimbursed the States based on their production of wheat in order to reimburse the flour millers by 90 of their taxes. The problem is that Tasmania , while milling flour, does not produce wheat. The majority held that the taxation was valid since the tax applied equally to all States, and there was no constitutional impediment to granting money discriminately. Per Latham CJ, section 96 is a means by which the Commonwealth, when it thinks proper , can adjust inequalities between States. Thus, because there was no discrimination in taxation, yet grants are not subject to prohibitions based on discrimination, the majority held the laws to be valid. Evatt J, conversely, examined the scheme as a whole, and ruled it invalid. See also Australian constitutional law W R Moran PtyLtdv Deputy Federal Commissioner of Taxation NSW References George Winterton Winterton, G. et ... more details
Multiple issues wikify March 2011 orphan March 2011 notability Organizations date March 2011 Siltech Pty Ltd is a business to business technical service company that operates nationally in Australia . The company was founded in 1987 as Power Marketing Pty Ltd in Sydney , Australia currently it operates under the business name Quantum Technical Services. History Siltech Pty Ltd was established in 1987 in Sydney, Australia as Power Marketing Pty Ltd. Originally the company specialized in silver recovery by targeting one hour photo minilabs and wholesale photo lab s. Between 1987 and 1993 the company focused its efforts on expanding to become a national company. During the company s national expansion the name was changed to Photo Waste Management Pty Ltd, and they entered the x ray , graphic arts , newspaper , and printing industries. Subsequent national expansion and growth, in 1997 the company was awarded the New South Wales Telstra Small Business Award. ref http www.parliament.nsw.gov.au prod parlment hansart.nsf V3Key LA19971023004 ref In 2000 the company acquired Silec, this acquisition led to the establishment of Photo Waste Management Limited New Zealand. This acquisition was accompanied with new building and technologies including an x ray film treatment plant, a precious metal s refinery , and chemical cartage and aluminium plate technology. The acquisitions led the company to change its name to Siltech International Pty Ltd. The name was later shortened to Siltech Pty Ltd, which remains today. Due to growth from the natural course of business and acquisitions, in 2004 Siltech Pty Ltd rebranded itself into two different divisions, Siltech and Quantum Air Conditioning. During the years 2004 2010 Siltech Pty Ltd continued to operate using the two different trading name s, however starting in 2011 the company decided to merge the trading names into Quantum Technical Services. Subsequent to rebranding , the company has begun to focus on air conditioning , refrige ... more details
Use dmy dates date December 2010 Imparja Television PtyLtd is a commercial television company servicing remote eastern and central Australia that began broadcasting on 2 January 1988. It is based in Alice Springs , where it has a studio and satellite uplink facility. Notably, it is controlled by Indigenous Australians Australian Aborigines and is widely regarded as a symbol of Aboriginal Australia. The company produces one channel, Imparja Television . From the late 1990s to 2007, it also produced an additional channel, the Aboriginal content on it becoming known as Indigenous Community Television ICTV , which was closed on the 12 July 2007 to make way for the National Indigenous Television service. Shareholders Central Australian Aboriginal Media Association CAAMA Central Land Council Tiwi Land Council Northern Land Council Warlpiri Media Association Pitjantjatjara Council Top End Aboriginal Bush Broadcasting Association TEABBA Maralinga Tjarutja Trust Commonwealth of Australia External links http www.imparja.com Official Website Category Television production companies of Australia Category Indigenous Australian culture Category Indigenous Australian media Category Media in Alice Springs Category Indigenous television ... more details
Unreferenced date August 2010 Direct Group PtyLtd is a holding company comprising three strands Direct Marketing, Direct Selling and Direct Television. The company owns TVSN and Expo Channel in Australia, along with a range of other related business. References See Wikipedia Footnotes on how to create references using ref ref tags which will then appear here automatically Reflist External links http www.directgroup.com.au Company website Category Television in Australia Retail stub ... more details
Infobox Company company name Milkor PtyLtd company logo foundation 1981 location Pretoria, South Africa Pretoria , South Africa key people Chairman Andries C Piek area served world wide industry weapon s manufacturing products Milkor 40mm UBGL , Milkor 37 38mm STOPPER convertible , Milkor 37 38mm Pistol , Milkor 40mm MGL Mk 1S , Milkor 40mm MGL Mk1L , Milkor 40mm MRGL , Milkor 37 38mm MAR , 37 38 and 40mm Accessories homepage http milkor.co.za index.html Milkor PtyLtd Home Milkor PtyLtd is a privately owned South African company established in 1981. Milkor is very widely known for its 40mm range of Milkor MGL MGL s Multiple Grenade Launcher , used in more than 30 countries world wide. Although Milkor is best known for its 40mm MGLs, it has an array of 40mm products catering to the less lethal market, for infantry and for special forces applications. Products Milkor 40mm UBGL Milkor 37 38mm STOPPER convertible Milkor 37 38mm Pistol Milkor 40mm MGL Mk 1S Milkor 40mm MGL Mk1L Milkor 40mm MRGL Milkor 37 38mm MAR 37 38 and 40mm Accessories Users flag Brazil flag Chile flag Colombia 200 units. flag Croatia Croatia s K K Metallic produces an unlicensed version of the MGL, known as the RBG 6 Ru nih Baca a Granata . flag Denmark flag India flag Malaysia flag Mexico flag Peru Acquired approx. 668 launchers. flag South Africa flag Sri Lanka ref http defencewire.blogspot.com 2008 03 why special forces so deadly.html ref flag United States Employed by the United States Marine Corps as the M32 MGL. See also Commons Milkor MGL Milkor MGL CZW SAG 30 SAG 30 Hawk MM 1 References reflist External links http www.milkor.co.za Milkor PtyLtd Home http www.janes.com articles Janes Infantry Weapons Milkor MGL Mk 1S 40 mm six shot multiple grenade launcher South Africa.html Milkor MGL Mk 1S 40 mm six shot multiple grenade launcher South Africa http www.janes.com articles Janes Infantry Weapons Milkor MGL Mk 1L 40 mm six shot multiple grenade launcher South Africa.html Milkor MGL Mk 1L 40 ... more details
unreferenced date December 2010 Michell PtyLtd is a wool processing and tanning company based in Adelaide, South Australia . Founded in 1870 in the Mid North town of Undalya, South Australia Undalya by George Henry Michell , the company moved to the Adelaide suburb of Hindmarsh, South Australia Hindmarsh in 1896 and then again to the current site on Main North Road , Salisbury South, South Australia Salisbury South . Michell purchases almost 15 per cent of Australia s unprocessed wool and is still owned by the Michell family. There are processing plants in other parts of Australia and the world, with branch offices in the United State of America United States and China . The company has also branched out into banking, farming, commodity trading and property development. Australia company stub Category Companies established in 1870 Category Companies based in Adelaide ... more details
Heytesbury Pty. Ltd. ref http search.asic.gov.au cgi bin gns030c?acn 008 666 966&juris 9&hdtext ACN&srchsrc 1 ref is the privately owned company of the Holmes Court family in Western Australia . Originally called Heytesbury Holdings, the company was formed by Robert Holmes Court in the 1970s as the holding company of his rapidly expanding financial empire. After the sale of its interests in Bell Group and Bell Resources in 1988, Heytesbury became an active private investment vehicle, acquiring Really Useful Group Really Useful Theatres Stoll Moss Theatres and Sherwin Pastoral Co, and investing in companies such as Jaguar Cars , Christies , Standard Chartered Bank and U.S. Steel . Following the death of Robert Holmes Court in 1990, his widow Janet Holmes Court took over the management of Heytesbury. ref name The Official Biography of Janet Holmes Court cite book last Edgar first Patricia title Janet Holmes Court publisher Harper Collins location Australia date 1999 isbn 0 7322 5715 8 accessdate 2009 08 26 ref Over the next decade a number of assets were sold to reduce the company s large debt load, including the Stoll Moss Group, a number of cattle stations in Northern Australia, and John Holland engineer John Holland Group which had been purchased after Robert s death . In 2000, the eldest son, Peter Holmes Court , elected to sell his one sixth share of Heytesbury to pursue his own interests. Robert Holmes Court, died intestate without a will , leaving his wife one third of the family fortune with the four children getting the other two thirds. The amount Peter received was reported as A 35 million. ref cite news author AAP Ben Ready title New York to Outback Peter Holmes a Court comes of age date 2001 07 06 accessdate 2008 09 07 date 2009 08 26 ref Shortly afterwards, in 2000, Paul Holmes Court , the youngest son of Robert and Janet Holmes Court took over the management of Heytesbury. In the same year, Peter Holmes Court was appointed to the position ... more details
multiple issues notability January 2011 one source January 2011 refimprove January 2011 sections January 2011 orphan January 2011 Kingfisher International Pty Ltd is an Australian company that manufactures fiber optic test and measurement equipment. First established in the founder s home in 1986, its first commercially successful product was the innovative KI020 series talk set, introduced in 1988. Over the years it grew through various garages and rented properties, until it was housed in its first factory in 1991. It has been in its current Scoresby premises since 2001. The company s history and development ref http www.theage.com.au news business kingfishers vision finds global results 2007 07 27 1185339259902.html The Age ref very much reflect the growth of the fibre optic industry, complete with survival of the dotcom boom and bust cycle over the period 1995 20003. It is therefore one of the oldest fiber optic test companies, ref http www.business.vic.gov.au BUSVIC STANDARD PC 51085.html IntNav11 Manufacturing Hall Of Fame ref with distributors worldwide, and it is regarded as having a significant influence on the development of the industry. ref World Optical Light Source OLS Market Report, Frost & Sullivan 2007 ref ref World Optical Loss Test Set OLTS Market Report, Frost & Sullivan 2007 ref ref World Optical Power Meter OPM Market Report, Frost & Sullivan 2007 ref Its products are used by professional technicians when installing and maintaining Optical fiber cable fiber optic cabling and systems, and its current range of handheld fiber optic test equipment includes such items as otdr OTDRs , optical power meter s, optical light sources, optical loss test sets, optical test and inspection kits, Optical attenuator variable optical attenuators , inspection Optical microscope microscopes and various optical fault locators. Innovations and Patents Notable innovations have included 1987 World first handheld laser test source 1988 World first fully integrated retu ... more details
Infobox Court Case name O Sullivan v Noarlunga Meat Ltd No 2 court High Court of Australia image Australian coat of arms 1912 edit.png date decided 13 October 1956 full name O Sullivan v Noarlunga Meat Ltd No 2 citations http www.austlii.edu.au au cases cth high ct 94clr367.html 1956 94 CLR 367 judges Owen Dixon Dixon CJ, Dudley Williams Williams , William Webb judge Webb , Wilfred Fullagar Fullagar and Frank Kitto Kitto JJ prior actions O Sullivan v Noarlunga Meat Ltd 1954 92 CLR 565 subsequent actions none opinions 5 0 The Court rejected an application to appeal to the Privy Council from the previous case. small per Dixon CJ, Williams, Webb, Fullagar & Kitto JJ small O Sullivan v Noarlunga Meat Ltd No 2 1956 94 Commonwealth Law Reports CLR 367 was a High Court of Australia case, in which a certificate, under s 74 of the Constitution of Australia Australian Constitution , was sought for leave to appeal to the Privy council Privy Council against the previous decision of O Sullivan v Noarlunga Meat Ltd . In the preceding case, it was held that the Commonwealth s extensive regulations regarding premises used for the slaughtering of livestock for export were valid under Section 51 i of the Australian Constitution s 51 i of the Constitution. It was argued in this case that it was a necessary consequence of the decision that all production, regardless of whether it was intended for home or foreign consumption, would be regulated. Dixon CJ, Williams, Webb and Fullagar JJ wrote a joint judgment denying the certificate of appeal, and reaffirmed the limitations to the power expressed by Fullagar J in the preceding case. Kitto J concurred. See also Section 51 i of the Australian Constitution Australian constitutional law References George Winterton Winterton, G. et al. Australian federal constitutional law commentary and materials , 1999. LBC Information Services, Sydney. External links http www.austlii.edu.au au cases cth high ct 94clr367.html Full text of the decision Category ... more details
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