The Grain Pool of Wa v Commonwealth

JurisdictionAustralia Federal only
JudgeGaudron,Gleeson CJ,McHugh,Gummow,Hayne,Callinan JJ
Judgment Date23 March 2000
Neutral Citation2000-0323 HCA E,[2000] HCA 14
CourtHigh Court
Docket NumberP34/1998
Date23 March 2000
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66 cases
1 firm's commentaries
  • Intellectual Property (IP) Rights for plants in Australia
    • Australia
    • Mondaq Australia
    • 13 February 2015
    ...there is "no intrinsic impediment to the patentability of plant varieties" (Grain Pool of Western Australia v Commonwealth of Australia (2000) 202 CLR 479). Plants are also eligible for patent protection in the US, although this may change following a recent decision by the US Supreme Court......
15 books & journal articles
  • Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
    • United Kingdom
    • Sage Federal Law Review No. 44-2, June 2016
    • 1 June 2016
    ...272, 294, 213, 251, 373; Re Dingjan; Ex parte Wagner (1995) 183 CLR 323, 369 (McHugh J); Grain Pool of Western Australia v Commonwealth (2000) 202 CLR 479, 492 (where it was said that this principle was ‘well-settled’). 77 Fisher v Fisher (1986) 1 61 CLR 438. Cf R v Lambert; Ex parte Plumme......
  • The (limited) significance of the individual in section 117 state residence discrimination.
    • Australia
    • Melbourne University Law Review Vol. 32 No. 2, August 2008
    • 1 August 2008
    ...Prescient? (1997). (129) See, eg, Re Wakim; Ex parte McNally (1999) 198 CLR 511, 600; Grain Pool of Western Australia v Commonwealth (2000) 202 CLR 479, 522-5; Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82, 132-3; Kirby, above n (130) See, eg, Pierce, above n 6. (131) This is ......
  • Heresy as Orthodoxy: Were the Founders Progressivists?
    • United Kingdom
    • Sage Federal Law Review No. 31-1, March 2003
    • 1 March 2003
    ...Craven, above n 2, 16–17.14 See, eg, R v Brislan; Ex parte Williams (1935) 54 CLR 262; Grain Pool of Western Australia vCommonwealth (2000) 202 CLR 479; and see, generally, Leslie Zines, The High Court and theConstitution (4th ed, 1997) 17–22.15 (1971) 122 CLR 353.16 Ibid 396.17 Cf Geoffrey......
  • The Interpretation of Legal Terms Used in the Definition of Commonwealth Powers
    • United Kingdom
    • Sage Federal Law Review No. 35-2, June 2007
    • 1 June 2007
    ...CLR 134 ('Nintendo Case') and upheld its power to do so with respect to the second in Grain Pool of Western Australia v Commonwealth (2000) 202 CLR 479 ('Grain Pool'). 240 Federal Law Review Volume 35 ____________________________________________________________________________________ This ......
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