ON 2 AUGUST 1962, the High Court of Australia delivered Commonwealth v Cigamatic Pty Ltd (In Liq) [1962] HCA 40; (1962) 108 CLR 372 (2 August 1962).

http://www.austlii.edu.au/au/cases/cth/HCA/1962/40.html

The case is notable for establishing the “Cigamatic doctrine”: that the Constitution grants to the Commonwealth a limited immunity from State laws.

The immunity relates to the Commonwealth’s executive capacities rather than the exercise of those capacities. In other words, a State law can regulate the exercise of Commonwealth executive capacities as long as it does not alter or deny those capacities: see Re Residential Tenancies Tribunal of NSW v Henderson; Ex parte Defence Housing Authority [1997] HCA 36; (1997) 190 CLR 410; (1997) 146 ALR 495; (1997) 71 ALJR 1254.

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ON 2 MARCH 1956, the High Court of Australia delivered R v Kirby; Ex parte Boilermakers’ Society of Australia (“Boilermakers’ case”) [1956] HCA 10; (1956) 94 CLR 254 (2 March 1956).

http://www.austlii.edu.au/au/cases/cth/HCA/1956/10.html

The Commonwealth Court of Conciliation and Arbitration was established under the Conciliation and Arbitration Act 1904 (Cth). The court was vested it with federal executive powers under s51(xxv) of the Australian Constitution regarding “conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State”. The court also exercised federal judicial jurisdiction and power as a court under Chapter III of the Constitution.

The High Court ruled that the Commonwealth Court of Conciliation and Arbitration was unconstitutional because it conferred non-judicial functions on a Chapter III court.

The decision confirmed the doctrine of separation of powers in the Constitution by the rule that it is unconstitutional for non-judicial power to be conferred on a Chapter III court.

Sydney, Australia

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ON 9 MARCH 1951, the High Court of Australia delivered Australian Communist Party v Commonwealth (“Communist Party case”) [1951] HCA 5; (1951) 83 CLR 1 (9 March 1951).

http://www.austlii.edu.au/au/cases/cth/HCA/1951/5.html

The Commonwealth Parliament enacted the Communist Party Dissolution Act 1950 (Cth) to dissolve the Australian Communist Party of Australia and also empower the Government to dissolve other associations. The High Court held that the legislation was invalid because it was beyond the power of the Commonwealth Parliament under the Constitution and the rule of law.

Sydney, Australia

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ON 23 MAY 1949, the Basic Law for the Federal Republic of Germany was passed into law.  It has amended in 1990 by the Unification Treaty of 31 August and Federal Statute of 23 September.

http://www.servat.unibe.ch/icl/gm00000_.html

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ON 11 AUGUST 1948, the High Court of Australia delivered Bank of NSW v Commonwealth (“Bank Nationalisation case”) [1948] HCA 7; (1948) 76 CLR 1 (11 August 1948).

http://www.austlii.edu.au/au/cases/cth/HCA/1948/7.html

The High Court held that the nationalisation of banks was beyond the Commonwealth’s constitutional power.

The Banking Act 1947 (Cth) provided that the Commonwealth Bank could acquire shares in private banks, whether by agreement or compulsion. The effect of the legislation would be to grant an monopoly to the Commonwealth Bank, owned by the Commonwealth.

The Banking Act 1947 was held to be invalid on a number of grounds including (1) that it infringed the s92 constitutional guarantee of freedom of interstate trade, commerce and intercourse by compelling the States and their agencies to bank with the Commonwealth Bank and (2) the proposed acquisition was not on just terms as required under s51(xxxi).

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