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8 authorities
(2020) 270 CLR 152 · [2020] HCA 3
High Court of Australia · 2020 · Australia
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.
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.
(1992) 177 CLR 106 · [1992] HCA 45
High Court of Australia · 1992 · Australia
Recognised an implied freedom of political communication drawn from the system of representative government established by the Constitution.
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.
(1983) 158 CLR 1 · [1983] HCA 21
High Court of Australia · 1983 · Australia
Held that the external affairs power in s 51(xxix) supports legislation implementing bona fide treaty obligations, upholding Commonwealth protection of the Franklin River.
(1982) 149 CLR 337 · [1982] HCA 24
High Court of Australia · 1982 · Australia
Leading Australian authority on the admissibility of surrounding circumstances in contractual interpretation and on frustration of construction contracts.
(1980) 146 CLR 40 · [1980] HCA 12
High Court of Australia · 1980 · Australia
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.