Williams v Commonwealth of Australia

JurisdictionAustralia Federal only
JudgeFrench CJ,Gummow,Bell JJ,Hayne J.,Heydon J.,Crennan J.,Kiefel J.
Judgment Date20 June 2012
Neutral Citation[2012] HCA 23,2012-0620 HCA A
CourtHigh Court
Docket NumberS307/2010
Date20 June 2012
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17 cases
4 firm's commentaries
  • School Chaplaincy Program Unconstitutional - High Court Ruling
    • Australia
    • Mondaq Australia
    • 22 June 2012
    ...chaplaincy case holding that the Federal Government school chaplaincy program is invalid: see Williams v The Commonwealth of Australia [2012] HCA 23. The High Court held that the Funding Agreement which the Commonwealth Government had made for the provision of the chaplaincy services at a S......
  • FMA Act amended in response to Williams High Court decision
    • Australia
    • Mondaq Australia
    • 1 July 2012
    ...to last week's update about the High Court's decision in Williams v Commonwealth of Australia & Ors [2012] HCA 23 (Williams), you should know that on Wednesday 27 June 2012 the Financial Framework Legislation Amendment Bill (No. 3) 2012 (Bill) was passed by both houses of The Bill is a ......
  • ANAO publishes new Grants Administration Better Practice Guide
    • Australia
    • Mondaq Australia
    • 24 March 2014
    ...ensure the defensibility of the panel's decision-making. Source of authority Since the High Court's decision in Williams v Commonwealth [2012] HCA 23, it is clear that most grants will require a legislative basis. Agencies should ensure they identify the legislative source of the authority ......
  • Where to now for Commonwealth grants programs post-Williams (No 2)?
    • Australia
    • Mondaq Australia
    • 29 June 2014
    ...the Chaplaincy Program were not supported by the executive power of the Commonwealth (Williams v The Commonwealth (2012) 248 CLR 156; [2012] HCA 23; (Williams (No 1)). Specifically, it found that the power to spend appropriated moneys must be found elsewhere in the Constitution or in statut......
2 books & journal articles
  • The 2017 Winterton Lecture. Sir Owen Dixon Today
    • Australia
    • University of Western Australia Law Review No. 43-1, January 2018
    • 1 January 2018
    ...Federal Jurisdiction in Australian (4th ed, 2016) 341-4. 125 (2012) 248 CLR 156, [141]-[148], [241]-[248], [497]-[507], [592]-[593]; [2012] HCA 23. 126 (2006) 229 CLR 1, [199]-[294]; [2006] HCA 52. 127 New South Wales v Commonwealth (2006) 229 CLR 1, [201]. 128 New South Wales v Commonwealt......
  • Heresy in the High Court? Federalism as a Constraint on Commonwealth Power
    • United Kingdom
    • Sage Federal Law Review No. 41-1, March 2013
    • 1 March 2013
    ...her research assistance. 1 Official Report of the National Australasian Convention Debates, (Sydney), 12 March 1891, 436 (JW Hackett). 2 [2012] HCA 23 (20 June 2012). 72 Federal Law Review Volume 41 ____________________________________________________________________________________ held by......

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