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Vanderstock v Victoria: Free Trade and Federalism (2024) 35(1) Federal Law Review 13–23 wins 2025 Saunders Prize for Excellence in Constitutional Law

21-8-25 / Sarah Spottiswood — Appellate, Judicial Review & Administrative, Tax

Level Twenty Seven Chambers is delighted to announce that the article “Vanderstock v Victoria: Free Trade and Federalism” by Sarah Spottiswood and Felicity Nagorcka has been awarded the 2025 Saunders Prize for Excellence in Constitutional Law. This prestigious award, presented by the Australian Association of Constitutional Law (AACL), recognises exceptional…

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…

Recent Developments in Trust Law Affecting the Obligations of Trustees of Discretionary Trusts

19-10-23 / Mark Robertson KC — Succession, Tax

Discretionary trusts in Australia are drafted to give trustees maximum flexibility in the exercise of their discretions, which are variously described as “uncontrolled”, “absolute” and even “irresponsible”. Since the 19th century the Courts have declined to examine the exercise (or non exercise) of these discretions, except in very special circumstances. The…