Western Australia v Commonwealth

JurisdictionAustralia Federal only
Judgment Date1995
Neutral Citation[1995] HCA 47,1995-0316 HCA C
Date1995
Year1995
CourtHigh Court

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126 cases
30 books & journal articles
  • Native title and the 'acquisition of property' under the Australian constitution.
    • Australia
    • Melbourne University Law Review Vol. 28 No. 1, April - April 2004
    • 1 April 2004
    ...which follows. It is necessary, however, given the distinction drawn by Gummow J in Newcrest. (12) Western Australia v Commonwealth (1995) 183 CLR 373, 453 (Mason CJ, Brennan, Deane, Toohey, Gaudron and McHugh (13) Evans, 'When Is an Acquisition of Property Not an Acquisition of Property?',......
  • National litigation and international law: repercussions for Australia's protection of marine resources.
    • Australia
    • Melbourne University Law Review Vol. 33 No. 1, April 2009
    • 1 April 2009
    ...(1994) 181 CLR 183, 195-6 (Mason CJ, Brennan, Deane, Dawson, Toohey, Gandron and McHugh JJ); Western Australia v Commonwealth (1995) 183 CLR 373, 422 (Mason CJ, Brennan, Deane, Toohey, Gaudron and McHugh JJ) ('Native Title Act Case'). See also Thorpe v Commonwealth [No 3] (1997) 144 ALR 677......
  • The Race Power — Its Replacement and Interpretation
    • United Kingdom
    • Sage Federal Law Review No. 40-3, September 2012
    • 1 September 2012
    ...205-6 [104] (Chesterman JA). 81 Bropho v Western Australia [2007] FCA 519, [570] (Nicholson J). 82 Western Australia v Commonwealth (1995) 183 CLR 373, 460 (Mason CJ, Brennan, Deane, Toohey, Gaudron and McHugh JJ); Kartinyeri (1998) 195 CLR 337, 365 [38] (Gaudron J). 83 Gerhardy v Brown (19......
  • Human Rights Protection in Australia: Interpretation Provisions and Parliamentary Supremacy
    • United Kingdom
    • Sage Federal Law Review No. 32-1, March 2004
    • 1 March 2004
    ...effect of s 109, see Butler v Attorney-General (Vic) (1961) 106 CLR 268, especially 286 (Windeyer J); Western Australia v Commonwealth (1995) 183 CLR 373, 464–8 (Mason CJ, Brennan, Deane, Toohey, Gaudron and McHugh JJ). 122 But note Gummow J's comments in McGinty v Western Australia (1996) ......
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