Smith Kline and French Laboratories (Aust) Ltd v Commonwealth

JurisdictionAustralia Federal only
Neutral Citation[1991] HCA 43,1991-1114 HCA B
Year1991
Date1991
CourtHigh Court

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30 cases
4 books & journal articles
  • Territory Courts and Federal Jurisdiction
    • United Kingdom
    • Sage Federal Law Review No. 33-1, March 2005
    • March 1, 2005
    ...(Cth), s 20(2). The validity of this legislation was upheld in Smith Kline and French Laboratories (Australia) Ltd v The Commonwealth (1991) 173 CLR 194. The imposition of a special leave requirement does not prevent the Court from exercising its jurisdiction and is thus a regulation, rathe......
  • THE KIRK STRUCTURAL CONSTITUTIONAL IMPLICATION.
    • Australia
    • Melbourne University Law Review Vol. 44 No. 1, August 2020
    • August 1, 2020
    ...Judicature (n 33) 497. (47) See Lindell (n 7) 396-7. (48) See Smith Kline & French Laboratories (Australia) Ltd v Commonwealth (1991) 173 CLR 194, 208 (Mason CJ, Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ) ('Smith (49) Cockle v Isaksen (1957) 99 CLR 155, 165-6 (Dixon CJ, McTi......
  • Open Justice, Efficient Justice and the Rule of Law: The Increasing Invisibility of Special Leave to Appeal Applications in the High Court of Australia
    • United Kingdom
    • Sage Federal Law Review No. 48-2, June 2020
    • June 1, 2020
    ...Agenda’ (1993) 23(1) Western Australian Law Review 33, 39. 54. Smith Kline & French Laboratories (Australia) Ltd v The Commonwealth (1991) 173 CLR 194 [36] (‘Smith see also Hon Sir Anthony Mason, ‘The High Court as Gatekeeper’ (2000) 24(3) Melbourne University Law Review784. Stewart and Stu......
  • Patent Infringement in Australia: Results from a Survey
    • United Kingdom
    • Sage Federal Law Review No. 38-1, March 2010
    • March 1, 2010
    ...sums are at stake: see, eg, Smith Kline & French Laboratories (Australia) Ltd and Others v Commonwealth of Australia and Others (1991) 103 ALR 117. There might be some difficulties where the key remedy sought is an injunction, but it is a valuable exercise to put a value on the litigation.8......