Williams v Commonwealth

JurisdictionAustralia Federal only
CourtHigh Court
JudgeFrench CJ,Hayne,Kiefel,Bell,Keane JJ.,Crennan J.
Judgment Date19 June 2014
Neutral Citation[2014] HCA 23
Date19 June 2014
Docket NumberS154/2013
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4 cases
  • Plaintiff M68/2015 v Minister for Immigration and Border Protection and Others
    • Australia
    • High Court
    • 3 February 2016
    ...[1992] HCA 64. 30 Cf Williams v The Commonwealth [No 2] (2014) 252 CLR 416 at 461 [50] per French CJ, Hayne, Kiefel, Bell and Keane JJ; [2014] HCA 23. 31 Migration Act, s 198AD(2). 32 Migration Act, s 198AB(1). 33 Migration Act, s 198AB(2). 34 Migration Act, s 198AB(3)(a). 35 Migration Act,......
  • Attorney-General (Cth) v Ogawa
    • Australia
    • Full Federal Court (Australia)
    • 28 October 2020
    ...the prerogative in Britain, but rather to s 61 of the Constitution”. Moreover, as the plurality stated in Williams v Commonwealth (No 2) [2014] HCA 23; 252 CLR 416 at [81], “… the determination of the ambit of the executive power of the Commonwealth cannot begin from a premise that the ambi......
  • Commissioner of State Revenue(Appellant) v ACN 005 057 349 Pty Ltd
    • Australia
    • High Court
    • 8 February 2017
    ...[83], 233 [138], 281 [289]–[290], 359 [548], 374 [597]; [2012] HCA 23; Williams v The Commonwealth [No 2] (2014) 252 CLR 416 at 455 [25]; [2014] HCA 23. 9 ACN 005 057 349 Pty Ltd v Commissioner of State Revenue [2015] VSCA 332 at 10 The LTA was repealed by the Land Tax Act 2005 (Vic), which......
  • North Australian Aboriginal Justice Agency Ltd v Northern Territory
    • Australia
    • High Court
    • 11 November 2015
    ...... Interveners J T Gleeson SC, Solicitor-General of the Commonwealth with J S Stellios for the Attorney-General of the Commonwealth, intervening (instructed by Australian Government Solicitor) . M G Sexton SC, ...In Williams v The Queen , Wilson and Dawson JJ construing the words ‘as soon as is practicable’ in s 34A(1) of the Justices Act 1959 (Tas) said 37 : ......
4 firm's commentaries
  • After the school chaplains case, where to now for Commonwealth funded programs?
    • Australia
    • Mondaq Australia
    • 21 June 2014
    ...casting doubt on the validity of many similar schemes providing around $40 billion in funding (Williams v Commonwealth of Australia [2014] HCA 23). Williams No. 1 leads to remedial legislation The plaintiff, Mr Williams, whose children attend a public school, first challenged the scheme's v......
  • Williams (No. 2) overview: validity of government grants and funding programs
    • Australia
    • Mondaq Australia
    • 25 June 2014
    ...the scores of its grants and funding programs are valid. As noted by James Stellios, the High Court's decision in Williams v Commonwealth [2014] HCA 23 was limited to the validity of funding agreement with the Scripture Union Queensland with the Commonwealth and the operation of s 32B of Fi......
  • Good News: Abbott government committed to school chaplains despite High Court ruling
    • Australia
    • Mondaq Australia
    • 7 July 2014
    ...that the legislation supporting the funding agreements was unconstitutional. See link to judgment: Williams v Commonwealth of Australia [2014] HCA 23. The High Court decision was made in relation to proceedings challenging the funding agreement for chaplaincy services between the Commonweal......
  • Where to now for Commonwealth grants programs post-Williams (No 2)?
    • Australia
    • Mondaq Australia
    • 29 June 2014
    ...has recently been brought back into the spotlight because of the High Court's decision last week in Williams v Commonwealth of Australia [2014] HCA 23 (Williams (No In this article we'll see what the High Court's decision in that case means for Agencies and its implications for Government p......
2 books & journal articles
  • The Corporations Power in Williams (No 2) (2014) 88 ALJR 701
    • Australia
    • University of Western Australia Law Review Nbr. 39-2, September 2015
    • 1 September 2015
    ...note analyses the High Court’s approach to the corporations power in s 51(xx) of the Constitution in Williams v Commonwealth (No 2) (2014) 88 ALJR 701. The Court held that a law authorising the Commonwealth to pay money to trading or financial corporations was not supported by s 51(xx). Thi......
  • CPCF v Minister for Immigration and Border Protection [2015] HCA 1: Variation on a Theme
    • Australia
    • University of Western Australia Law Review Nbr. 39-2, September 2015
    • 1 September 2015
    ...(Kiefel J). 22CPCF [2015] HCA 1, [479]-[483] (Keane J). 23Cain [1906] AC 542, 546 (Lord Atkinson). 24Arguably Williams v the Commonwealth [2014] HCA 23 (Williams (No 2)), Williams v the Commonwealth (No 1) (2012) 248 CLR 156 (Williams (No 1)) Pape v Commissioner of Taxation 2015 Variation o......

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