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New South Wales v Commonwealth (also called the WorkChoices case) [1] is a landmark decision of the High Court of Australia, which held that the federal government's WorkChoices legislation [2] was a valid exercise of federal legislative power under the Constitution of Australia.
Although this system functioned effectively for several years it was eventually brought to its knees by the High Court in Re Wakim; Ex parte McNally, [6] Bond v The Queen, [7] and R v Hughes, [8] (2000) 171 ALR 155. These decisions precipitated further reform of the national corporation law scheme in 2001.
ACT Law Reports: ACTLR: 2008-Thomson Reuters: Authorised report. Australian Capital Territory Reports: ACTR: 1973-Lexis Nexis: Neutral citation: ACTSC: 1986-AustLII. BarNet JADE. Supreme Court (NSW) NSW Law Reports: NSWLR: 1970-New South Wales Law Reports: Authorised report. Includes NSW Court of Appeal and NSW Court of Criminal Appeal NSW ...
Kirk appealed to the Industrial Relations Commission of New South Wales, arguing that the Industrial Court had made errors in law in its decision. The Commission dismissed the appeal, and Kirk subsequently sought judicial review in the Supreme Court of New South Wales. The Supreme Court held that it did not have the power to review the ...
The NSWLR began in 1970, following the establishment of the Council of Law Reporting by the Council of Law Reporting Act 1969. They replaced the State Reports, New South Wales (which began in 1901) as the authorised reports in New South Wales. [4] The current Editor of the NSWLR is Perry Herzfeld SC who has held the position since 2022.
Federated Amalgamated Government Railway & Tramway Service Association v NSW Rail Traffic Employees Association, known as the Railway Servants Case, [1] is an early High Court of Australia case that held that employees of State railways could not be part of an interstate industrial dispute under the conciliation and arbitration power, [2] applying the doctrine of "implied inter-governmental ...
New South Wales v Commonwealth may refer to a number of High Court of Australia cases: New South Wales v Commonwealth (1908) 7 CLR 179; New South Wales v Commonwealth (1915) 20 CLR 54, Wheat Case; New South Wales v Commonwealth (1932) 46 CLR 155, Garnishee Case No 1; New South Wales v Commonwealth (1975) 135 CLR 337, Seas and Submerged Lands Case
Unions NSW challenged the act as unconstitutional. During the proceeding, a legislative committee of the NSW Parliament delivered a report recommending that the existing expenditure cap within the act of $20,000 be raised to $198,750. The NSW Government then conceded and submitted to the court that the act should be held invalid in its prior form.