ON 8 JULY 1975, the Commonwealth Privy Council (Appeals from the High Court) Act 1975 commenced, abolishing appeals from the High Court of Australia to the Privy Council.
http://www.austlii.edu.au/au/legis/cth/consol_act/pcfthca1975417/
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ON 8 JULY 1997, the High Court of Australia delivered Lange v Australian Broadcasting Corporation (“Political Free Speech case”) [1997] HCA 25; (1997) 189 CLR 520; (1997) 145 ALR 96; (1997) 71 ALJR 818 (8 July 1997).
http://www.austlii.edu.au/au/cases/cth/HCA/1997/25.html
The court re-examined it’s earlier decisions of Stephens v West Australian Newspapers Ltd [1994] HCA 45; (1994) 182 CLR 211; (1994) 124 ALR 80 (1994) Aust Torts Reports 81-298 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/45.html and Theophanous v Herald & Weekly Times Ltd [1994] HCA 46; (1994) 182 CLR 104; (1994) 124 ALR 1 (1994) Aust Torts Reports 81-297 (12 October 1994) http://www.austlii.edu.au/au/cases/cth/HCA/1994/46.html.
Implied from the text and structure of the Constitution is a freedom of communication between the public concerning government or political matters. The freedom restricts legislative and executive powers but does not confer individual rights and freedoms. Accordingly, there is no constitutional freedom of communication defence to a defamation action as had been previously held in Stephens and Theophanous. However, the common law provides a defence of qualified privilege to defamation actions involving government or political matters provided that the comment is reasonable and not malicious.
Sydney, Australia
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ON 1 JULY 1983, the High Court of Australia delivered Commonwealth v Tasmania (“Tasmanian Dam case”) [1983] HCA 21; (1983) 158 CLR 1 (1 July 1983).
http://www.austlii.edu.au/au/cases/cth/HCA/1983/21.html
The Tasmanian Government, who sought to construct a hydro-electric dam on the Franklin River, brought a constitutional challenge to the Commonwealth’s World Heritage Properties Conservation Act 1983 on various grounds including that the Commonwealth had no power to legislate on such a matter.
The challenge was unsuccessful. The court ruled that the Act was validly enacted under the Commonwealth’s external affairs power under s51 of the Constitution as it gave effect to their international treaty obligations under the Convention on the Protection of the World Cultural and Natural Heritage.
As a result of this decision, the construction of a hydro-electric dam in Tasmania’s Franklin River was blocked.
Sydney, Australia
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ON 29 JUNE 1865, the UK Colonial Laws Validity Act 1865 was enacted.
http://www.legislation.gov.uk/ukpga/Vict/28-29/63/contents
Click to access ukpga_18650063_en.pdf
The Act was introduced to remove doubts as to the validity of laws made in the British colonies. The Act provided that colonial legislatures were deemed to have full power to make laws in respect of their colonies, provided they are made in the correct manner and form and not repugnant to any laws of the United Kingdom that extended to the colony.
Sydney, Australia
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ON 28 JUNE 2012, the US Supreme Court delivered National Federation of Independent Business v Sebelius 567 US (2012).
Click to access 11-393c3a2.pdf
The court upheld the constitutionality of the Patient Protection and Affordable Care Act, known as Obamacare.
Sydney, Australia
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ON 25 JUNE 1962, the US Supreme Court delivered Engel v Vitale, 370 US 421 (1962).
https://supreme.justia.com/cases/federal/us/370/421/case
The US Supreme Court held that state-sponsored school prayers in US public schools violated the constitution.
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ON 23 JUNE 2011, the High Court of Australia delivered Wainohu v New South Wales [2011] HCA 24 (23 June 2011).
http://www.austlii.edu.au/au/cases/cth/HCA/2011/24.html
The NSW Crimes (Criminal Organisations Control) Act 2009 was held to be constitutionally invalid on because the absence of an obligation for a Supreme Court justice to give reasons for a declaration is contrary to the proper exercise of the court’s jurisdiction.
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ON 20 JUNE 1990, the High Court of Australia delivered Bropho v Western Australia [1990] HCA 24; (1990) 171 CLR 1 (20 June 1990).
http://www.austlii.edu.au/au/cases/cth/HCA/1990/24.html
There is no basis in principle for unqualified insistence on the inflexible application of the rule that the Crown is presumed not to be bound by legislation unless the presumption is overturned by either express words or necessarily implication. Rather, the strength of the presumption will depend on the circumstances, including the content and purpose of the statute.
Sydney, Australia
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ON 19 JUNE 2014, the High Court of Australia delivered Williams v Commonwealth of Australia [2014] HCA 23 (19 June 2014).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/23.html
The High Court held the funding of School Chaplaincy services to schools in Queensland is constitutionally invalid because the legislation purporting to authorise the Commonwealth to enter into agreements to provide the funding is not supported by any head of legislative power under the Australian Constitution.
This is the second time that the national school chaplains program has been held to be invalid: see Williams v The Commonwealth (2012) 248 CLR 156; [2012] HCA 23 (“Williams (No 1)“) http://www.austlii.edu.au/au/cases/cth/HCA/2012/23.html.
Sydney, Australia
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ON 18 JUNE 2014, the High Court of Australia delivered Plaintiff S156-2013 v Minister for Immigration and Border Protection [2014] HCA 22 (18 June 2014).
http://www.austlii.edu.au/au/cases/cth/HCA/2014/22.html
Click to access hca-22-2014-06-18.pdf
The court held that certain provisions of the Commonwealth Migration Act 1958, under which a citizen of the Islamic Republic of Iran was detained and subsequently removed to Manus Island, were constitutionally valid.
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