Is the State attempting to bind a Commonwealth? Yes Can a State law bind the Commonwealth? Cannot bind unless some capacity, necessity or express authority provided. rejected rule in Pirrie v McFalane Adelaide Steamship (which said could bind absolutely) said State law could bind if enacted for a specific Pirrie purpose Upheld in A. V Hayden Cigamatic Immunity? Commonwealth v Cigamatic Commonwealth stood as primary creditor over the States. Cigamatic Improved? Ex Defence Housing Authority HCA Stated Parliaments could not legislate to affect capacity of Commonwealth Melbourne Corp Doctrine’ ‘Reverse State law singles out Capacity? – Commonwealth for treatment’ ‘special Crown is bound Exercise of Capacity? by state law except where inconsistency Commonwealth v Bogle Commonwealth is bound where if State law doesn’t discriminate (subject to inconsistency) S109? – Inconsistency of Laws Commonwealth can pass a law which would supersede a state law usually – avoids problems. Are there any exceptions? S64 Judiciary Act Provides States have Trial rights Commonwealth bound to same laws as private citizens Maguire v Simpson Removes Immunity removes – Cigamatic Only a suit s64 refers to only a – ‘suit’ – inferring not within jurisidictional confinements of a court Power to create laws? S52(i) – Public places Cth has ultimate power. R v Philips – –
Is the State attempting to bind a Commonwealth? Yes Can a State law bind the Commonwealth? Cannot bind unless some capacity, necessity or express authority provided. Pirrie v McFalane rejected rule in Adelaide Steamship (which said could bind absolutely) Pirrie said State law could bind if enacted for a specific purpose Upheld in A. V Hayden Cigamatic Immunity? Commonwealth v Cigamatic Commonwealth stood as primary creditor over the States. Cigamatic Improved? Ex Defence Housing Authority HCA Stated Parliaments could not legislate to affect capacity of Commonwealth ‘Reverse Melbourne Corp Doctrine’ Capacity? – State law singles out Commonwealth for ‘special treatment’ Exercise of Capacity? Crown is bound by state law except where inconsistency Commonwealth v Bogle Commonwealth is bound where if State law doesn’t discriminate (subject to inconsistency) S109? – Inconsistency of Laws Commonwealth can pass a law which would supersede a state law – usually avoids problems. Are there any exceptions? S64 Judiciary Act Provides States have rights Commonwealth bound to same laws as private citizens Maguire v Simpson Removes Immunity – removes Cigamatic Only a suit – s64 refers to only a ‘suit’ – inferring not within jurisidictional confinements of a court S52(i) – Power to create laws? Public places – R v Philips – Cth has ultimate power. Trial
Constitutional_Notes.docx