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Judicial Review & Administrative Publications

Vanderstock 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…

Court Forms, Precedents and Pleadings Queensland

8-11-22 / Oliver Cook — Banking, Building & Construction, Commercial Equity, Contract, Corporate Insolvency & Bankruptcy, Corporations, Insurance, Judicial Review & Administrative, Land Law & Property, Media & Defamation, Native Title & Cultural Heritage, Professional Negligence, Resources & Energy

Oliver Cook is a contribution author to the LexisNexis publication Court Forms, Precedents and Pleadings Queensland.

‘The Use of Foreign Law by the High Court of Australia’ (2018) 46(2) Federal Law Review 161

1-6-21 / Sarah Spottiswood — Appellate, International, Judicial Review & Administrative

Justices of the High Court of Australia have a broad discretion to follow foreign judicial decisions based on whether they consider a decision to be persuasive. But it is difficult to assess what it is about a foreign decision that makes it likely to be followed by the High Court.…