Legal research

Overruled Roe v. Wade and Planned Parenthood v. Casey, holding that the Constitution does not confer a right to abortion.

Held by majority that an Aboriginal Australian, identified by the tripartite Mabo test, is not within the reach of the 'aliens' power in s 51(xix) of the Constitution.

Held unanimously that the advice to prorogue Parliament for five weeks was unlawful, void and of no effect because it frustrated Parliament's constitutional functions without reasonable justification.

The High Court held that the common law of Australia recognises a form of native title reflecting the traditional laws and customs of Indigenous peoples, rejecting the doctrine that Australia was terra nullius at settlement.

Rejected the Bolam test in Australia for the duty to warn: the standard of care owed by a doctor is set by the court, not by professional practice, and material risks must be disclosed.

Recognised an implied freedom of political communication drawn from the system of representative government established by the Constitution.

Set out the threefold test for a duty of care in novel cases: foreseeability of damage, proximity of relationship, and whether it is fair, just and reasonable to impose a duty.

Reinterpreted s 92 of the Constitution as prohibiting discriminatory burdens of a protectionist kind on interstate trade, and opened the door to convention debates as an interpretive aid.

Created the two-step deference framework for agency interpretations of ambiguous statutes. Overruled by Loper Bright Enterprises v. Raimondo (2024).

Held that the external affairs power in s 51(xxix) supports legislation implementing bona fide treaty obligations, upholding Commonwealth protection of the Franklin River.

Leading Australian authority on the admissibility of surrounding circumstances in contractual interpretation and on frustration of construction contracts.

Established the Australian calculus of negligence: a risk is foreseeable unless it is far-fetched or fanciful, and breach is assessed by weighing the magnitude of the risk against the burden of precautions.

Required procedural safeguards, including warnings of the right to silence and to counsel, before custodial interrogation may be used against a defendant.

Recognised liability for negligent misstatement causing pure economic loss where there is a special relationship and an assumption of responsibility.

Held that racial segregation of public schools violates the Equal Protection Clause of the Fourteenth Amendment, overruling Plessy v. Ferguson in the field of public education.

Established the minimum contacts standard for personal jurisdiction over out-of-state defendants consistent with due process.

Held that federal courts sitting in diversity must apply state substantive law, overruling Swift v. Tyson.

Founded the modern law of negligence with the neighbour principle: a manufacturer owes a duty of care to the ultimate consumer of its product.

Confirmed that a duly incorporated company is a separate legal person distinct from its shareholders, however few they may be.

Classic authority on unilateral contracts: an advertisement promising a reward can be an offer accepted by performance of the stipulated conditions.

Established strict liability for the escape of a dangerous thing brought onto land in a non-natural use of that land.

Established judicial review of federal legislation: it is emphatically the province and duty of the judiciary to say what the law is.