Hematite Petroleum Pty Ltd v Victoria

JurisdictionAustralia Federal only
Neutral Citation1983-0805 HCA A,[1983] HCA 23
Date1983
Year1983
CourtHigh Court

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20 cases
5 books & journal articles
  • Federal Limitations on the Legislative Power of the States and the Commonwealth to Bind One Another
    • United Kingdom
    • Sage Federal Law Review No. 31-3, September 2003
    • 1 September 2003
    ...(1937) 56 CLR 657, 686 (Evatt J); Victoria v Commonwealth (1957) 99 CLR 575, 614 (Dixon CJ). Cf Hematite Petroleum Pty Ltd v Victoria (1983) 151 CLR 599, 637 (Murphy J). 142 If it were a State tax, it would breach the prohibition in s 90 of the Commonwealth Constitution. There was also a co......
  • Australia's Offshore Legal Jurisdiction: History & Development
    • Australia
    • Australian and New Zealand Maritime Law Journal No. 25-1, June 2011
    • 1 June 2011
    ...High Court held that it amounted to an excise (for which the State had no power) and was invalid: Hematite Petroleum Pty Ltd v Victoria (1983) 151 CLR 599. 18 P SLA 1967 Preamble [4]. 19 PSLA 1967 s 5. (2011) 25 A&NZ Mar LJ Austra lia ’ s Offsho re Le g a l Jurisdic tio n – Histo ry & De ve......
  • Disqualification of Judges and Pre-Judicial Advice
    • United Kingdom
    • Sage Federal Law Review No. 43-2, June 2015
    • 1 June 2015
    ...legislation to support the r einstatement of the program. 85 This occurred, for example, in Hematite Petroleum Pty Ltd v Victoria (1983) 151 CLR 599, when Dawson J did not sit because he had advised the Victorian government on the likely outcome of the proceedings when he was the State Soli......
  • Public Servants and the Implied Freedom of Political Communication
    • United Kingdom
    • Sage Federal Law Review No. 49-1, March 2021
    • 1 March 2021
    ...context of s 90 of the Constitution (Parton v Milk Board (Vic) (1949) 80 CLR 229, 260 (Dixon J), Hematite Petroleum Pty Ltd v Victoria (1983) 151 CLR 599, 631 (Mason CJ), and s 92 (Betfair Pty Ltd v State ofWestern Australia) (2008) 234 CLR 418, 452 (Gleeson CJ, Gummow, Kirby, Hayne, Crenna......
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