Bropho v Western Australia [1990] HCA 24

ON 20 JUNE 1990, the High Court of Australia delivered Bropho v Western Australia [1990] HCA 24; (1990) 171 CLR 1 (20 June 1990).

There is no basis in principle for unqualified insistence that the rule be applied inflexibly that the Crown is presumed not to be bound by legislation unless the presumption is overturned by either express words or necessarily implication. The strength of the presumption will depend on the circumstances, including the content and purpose of the statute.

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