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Latest Publications
View AllVanderstock v Victoria: Free Trade and Federalism (2024) 35 (1) Federal Law Review Law Review 13-23
1-5-24 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax
In Vanderstock v Victoria (2023) 98 ALJR 208, a 4-3 majority of the High Court held that a tax imposed by Victoria on the use of electric and hybrid vehicles was invalid. The majority held that the tax was a "duty of excise" which, under section 90 of the 'Constitution',…
The Use and Limits of Statutory Purpose in the Interpretation of Legislation
27-11-23 / Roger Traves KC — Appellate, Banking, Building & Construction, Commercial Equity, Contract, Corporations, Inquiries & Coronial Inquests, Insurance, Judicial Review & Administrative, Land Law & Property, Native Title & Cultural Heritage, Planning & Environment, Professional Discipline & Regulatory, Professional Negligence, Resources & Energy, Sport, Succession, Tax
In his article The Use and Limits of Statutory Purpose in the Interpretation of Legislation, Roger Traves KC considers a framework of approach to statutory construction and the use and limits of statutory purpose. Who should read? Advisory and litigation lawyers across all practice areas. What does the…
Taking Stock of Vanderstock: Section 90, Electric Vehicles and the Future of State Taxes on Goods
9-11-23 / Sarah Spottiswood, Michael Maynard — Judicial Review & Administrative, Tax
In the decision Vanderstock v Victoria [2023] HCA 30, the High Court held by a narrow 4:3 majority that a tax imposed by Victoria on the use of electrical and hybrid vehicles (EVs) was invalid. The decision is significant because the majority reopened and overruled previous High Court authority to reach…
Recent Cases
View AllCanstruct Pty Ltd v Floreani KC & Anor [2024] NTSC 104
11-12-24 / Jason Mitchenson — Building & Construction, Contract, Judicial Review & Administrative
Jason Mitchenson (led by Alistair Wyvill SC) appeared for the Plaintiff, instructed by Thomson Geer Lawyers. This case involved an adjudication between parties to a construction contract regarding a payment dispute. Its issues pertained to whether the adjudicator’s failure to determine a payment date was fatal to the determination’s validity,…
Ritson v Ryan [2024] QCA 236
22-11-24 / Mark Eade — Corporate Insolvency & Bankruptcy, Judicial Review & Administrative
Mark Eade represented the third respondent, instructed by C E Christensen, Crown Solicitor.
Heuston v Horton [2024] QCAT 432
28-10-24 / Scott McLeod KC — Judicial Review & Administrative
Scott McLeod KC represented the Respondent, instructed by the Queensland Police Service solicitor.
