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Cases reported in the NSWLR are selected by the Editor on the basis of their significance in relation to the interpretation, development or application of the law in New South Wales. Of the thousands of judgments delivered each year by the Supreme Court of New South Wales (including the Court of Appeal and Court of Criminal Appeal) only a ...
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 commission's decision due to provisions in the Industrial Relations Act 1996 (NSW), which limited its jurisdiction to do so (Such as s179 of the IR Act ...
Airlines of New South Wales Pty Ltd v New South Wales (No 2), [1] was a High Court of Australia case about the validity of Commonwealth regulations about intrastate air navigation. Although the Commonwealth has the power to regulate interstate air navigation under s 51(i) of the Constitution, it can only regulate intrastate air navigation under ...
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 ...
Codelfa Construction Pty Ltd v State Rail Authority of New South Wales, [1] ("Codelfa") is a widely cited Australian contract law case, [2] which serves as authority for the modern approach to contractual construction. [3] The case greatly influenced the development of the Eastern Suburbs railway line.
The plaintiffs were charged under the Business Franchise Licences (Tobacco) Act 1987 (NSW) with selling tobacco in New South Wales without a licence. The Act provided for a licence fee, which consisted of a fixed amount, plus an amount calculated by reference to the value of tobacco sold during the 'relevant period'.
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.
Baxter v Commissioners of Taxation (NSW), [1] and Flint v Webb, [2] were the last of a series of cases concerning whether the States could tax the income of a Commonwealth officer which had resulted in conflict between the High Court and the Privy Council.