# List of High Court of Australia cases

This article contains a list of notable cases decided by the High Court of Australia.
Citation numbers for the decisions are as tracked by LawCite, a citation tracker managed by the Free Access to Law Movement.
| LawCite Rank | Case Name | Decision Date | Case citation (CLR & HCA only) | Chief Justice | # LawCite citations | Area(s) of Law | Notable holdings |
| 1. | Chan Yee Kin v Minister for Immigration & Ethnic Affairs | 1989 | 169 CLR 379; [1989] HCA 62 | Mason | 34143 | Refugee | Under the 1951 Refugee Convention and 1967 Status of Refugees protocol, a finding that a person has a 'well founded fear' of persecution; is satisfied by there being a 'real chance' the relevant harm will occur. |
| 2. | House v R | 1936 | 55 CLR 499; [1936] HCA 40 | Latham | 11949 | Criminal Administrative | Set out the five grounds by which an exercise of discretion can be appealed. (1) Misapplication of law, (2) Applied irrelevant facts, (3) Mistook the facts, (4) Overlooked a material consideration, (5) Outcome of discretion was manifestly unreasonable, or plainly unjust. |
| 3. | Chen Shi Hai v MIMA | 2000 | 201 CLR 293; [2000] HCA 19 | Gleeson | 10777 | Refugee | When laws of general application may be relevant to protection claims |
| 4. | MIMA v Haji Ibrahim | 2000 | 204 CLR 1; [2000] HCA 55 | Gleeson | 9896 | Refugee/Migration | The Convention definition of ‘refugee’ does not encompass those fleeing generalised violence, internal turmoil, or civil war |
| 5. | Minister for Immigration and Ethnic Affairs v Wu Shan Liang | 1996 | 185 CLR 259; [1996] HCA 6 | Brennan | 9889 | Refugee/Migration Administrative | 'beneficial construction' when reviewing written reasons of the executive Merits review versus Judicial review |
| 6. | Briginshaw v Briginshaw | 1938 | 60 CLR 336; [1938] HCA 34 | Latham | 9538 | Civil procedure | (1) The strength of evidence necessary to establish facts on the balance of probabilities, may depend on the nature of what is sought to be proven. (2) Subject to statute, the standard of proof in all civil proceedings is the balance of probabilities. |
| 7. | MIMA v Khawar | 2002 | 210 CLR 1; [2002] HCA 14 | Gleeson | 9104 | Refugee/Migration | On the meaning of 'persecution' and 'particular social group' under the refugee convention |
| 8. | MIEA v Guo | 1997 | 191 CLR 559; [1997] HCA 22 | Brennan | 8778 | Refugee | On the 'rational basis' test for determining whether a refugee applicant has a well founded fear of persecution |
| 9. | Jones v Dunkel | 1959 | 101 CLR 298; [1959] HCA 8 | Dixon | 7390 | Civil procedure | On inferences that may be drawn when a party fails to lead evidence without explanation |
| 10. | Applicant S v MIMA | 2004 | 217 CLR 387; [2004] HCA 25 | Gleeson | 6830 | Refugee/Migration | Meaning of 'particular social group' under the Refugee Convention When a law of general application may be considered to give rise to discriminatory treatment |
| 11. | Project Blue Sky v Australian Broadcasting Corporation | 1998 | 194 CLR 355; [1998] HCA 28 | Gleeson | 6756 | Administrative | |
| 12. | Minister for Aboriginal Affairs v Peko-Wallsend Ltd | 1986 | 162 CLR 24; [1986] HCA 40 | Gibbs | 5256 | Administrative | Known for its statements elaborating upon various Administrative Law doctrines |
| 13. | Fox v Percy | 2003 | 214 CLR 118; [2003] HCA 22 | Gleeson | 4515 | Appeals | On the role of appellate courts, trial judge findings, and assessments of witness demeanor. |
| 14. | Plaintiff S157/2002 v Commonwealth of Australia | 2003 | 211 CLR 476; [2003] HCA 2 | Gleeson | 4394 | Administrative Constitutional | Parliament cannot restrict the availability of constitutional writs. |
| 15. | General Steel Industries Inc v Commissioner for Railways (NSW) | 1964 | 112 CLR 125; [1964] HCA 69 | Mason | 4302 | Civil procedure | On the summary termination of actions |
| 16. | Minister for Immigration and Multicultural Affairs v Yusuf | 2001 | 206 CLR 323; [2001] HCA 30 | Gleeson | 3994 | Refugee/Migration | On the need to provide reasons under s430 of the Migration Act Jurisdictional error |
| 17. | Craig v South Australia | 1995 | 184 CLR 163; [1995] HCA 58 | Brennan | 3908 | Administrative | Difference between court & tribunal context for jurisdictional error |
| 18. | Kioa v West | 1985 | 159 CLR 550; [1985] HCA 81 | Gibbs | 3754 | Administrative | extended the application of the doctrine of natural justice in administrative decision making. |
| 19. | Codelfa Construction Pty Ltd v State Rail Authority of New South Wales | 1982 | 149 CLR 337; [1982] HCA 24 | Gibbs | 3748 | Contract | Construction of contracts |
| 20. | Aon Risk Services Australia Ltd v Australian National University | 2009 | 258 ALR 14; [2009] HCA 27 | French | 3726 | | |
| 21. | Abebe v Commonwealth | 1999 | 197 CLR 510; [1999] HCA 14 | Gleeson | 3425 | Refugee/Migration | Parliament is entitled to limit the jurisdiction of Commonwealth courts, even to the point where a case may only be able to be heard within the High Court's original jurisdiction |
| 22. | Oshlack v Richmond River Council | 1998 | 193 CLR 72; [1998] HCA 11 | Gleeson | 3352 | Cost orders | On the award of costs in public interest litigations |
| 23. | M v R | 1994 | 181 CLR 487; [1994] HCA 63 | Mason | 3117 | Criminal Law | setting aside a jury verdict on the basis that it was unsafe and unsatisfactory. |
| 24. | Minister for Immigration and Citizenship v SZMDS | 2010 | 240 CLR 611; [2010] HCA 16 | French | 3112 | Administrative | A matter on which reasonable minds might differ was not unreasonable or illogical |
| 25. | Appellant S395/2002 v MIMA | 2003 | 216 CLR 473; [2003] HCA 71 | Gleeson | 3055 | Refugee/Migration | The expectation that a person to take reasonable steps to avoid persecutory harm does not include a need to be discreet about sexuality |
| 26. | SZBEL v Minister for Immigration and Multicultural and Indigenous Affairs | 2006 | 228 CLR 152; [2006] HCA 63 | Gleeson | | Refugee/Migration | Natural justice requires that adverse information which may be determinative of a decision, must be disclosed to applicants |
| 27. | Ebner v Official Trustee in Bankruptcy | 2000 | 205 CLR 337; [2000] HCA 63 | Gleeson | 2858 | Administrative Law | The test for apprehension of bias in Australia is: whether “a fair-minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to the resolution of the question the judge is required to decide" |
| 28. | Re Minister for Immigration and Multicultural Affairs; Ex parte Durairajasingham | 2000 | 168 ALR 407; [2000] HCA 1 | Gleeson | 2647 | Refugee/Migration | |
| 29. | Pearce v R | 1998 | 194 CLR 152; [1998] HCA 57 | Gleeson | 2517 | Criminal | Double jeopardy |
| 30. | Brisbane South Regional Health Authority v Taylor | 1996 | 186 CLR 541; [1996] HCA 25 | Brennan | 2494 | | |
| 31. | Norbis v Norbis | 1986 | 161 CLR 513; [1986] HCA 17 | Gibbs | 2484 | Family | On the correct way to divide assets after the conclusion of a relationship |
| 32. | Australian Broadcasting Tribunal v Bond | 1990 | 170 CLR 321; [1990] HCA 33 | Mason | | Administrative | On the meaning of a 'decision' under the ADJR act |
| 33. | Veen v R (No 2) | 1988 | 164 CLR 465; [1988] HCA 14 | Mason | | Criminal | Principles that apply when a sentence is imposed by a court |
| 34. | MIMA v Respondents S152/2003 | 2004 | 222 CLR 1; [2004] HCA 18 | Gleeson | | Refugee/Migration | Of precedential value in situations where a refugee visa applicant faces a real fear of harm from a non-state actor. In S152 the applicant's aversion to seeking the protection of Ukraine was held unreasonable |
| 35. | Port of Melbourne Authority v Anshun Pty Ltd | 1981 | 147 CLR 589; [1981] HCA 45 | Gibbs | 2130 | Civil procedure | 'Anshun estoppel' doctrine in Australian civil proceedings. The rule estops parties from making novel legal claims, when those claims should have been pursued in an earlier legal proceeding. |
| 36. | Mabo v Queensland (No 2) | 1992 | 175 CLR 1; [1992] HCA 23 | Mason | 2075 | Native title | Overturned the doctrine that Australia was terra nullius and recognised the native title of the Meriam people from the Murray islands in the Torres Strait. |
| 37. | Dinsdale v R | 2000 | 202 CLR 321; [2000] HCA 54 | Gleeson | 2051 | Criminal | - Crown criminal appeals - Relevant factors for suspension of sentence - The meaning of 'manifestly inadequate' or 'manifestly excessive' sentences |
| 38. | March v E & MH Stramare Pty Ltd | 1991 | 171 CLR 506; [1991] HCA 12 | Mason | 2008 | Tort law | The conditions required for causation to be established in tort law, the limitations of the "but for" test and the significance of an intervening act by a third party in determining causation |
| 39. | Dey v Victorian Railways Commissioners | 1949 | 78 CLR 62; [1949] HCA 1 | Latham | 2005 | | When an action can be thrown out for being frivolous or vexatious |
| 40. | SZBYR v Minister for Immigration and Citizenship | 2007 | 235 ALR 609; [2007] HCA 26 | Gleeson | 1992 | Refugee/Migration | |
| 41. | SZATV v Minister for Immigration and Citizenship | 2007 | 233 CLR 18; [2007] HCA 40 | Gleeson | 1986 | Refugee/Migration | |
| 42. | Toll (FGCT) Pty Ltd v Alphapharm Pty Ltd | 2004 | 219 CLR 165; [2004] HCA 52 | Gleeson | 1967 | Contract | |
| 43. | Coal and Allied Operations Pty Ltd v Australian Industrial Relations Commission | 2000 | 203 CLR 194; [2000] HCA 47 | Gleeson | 1947 | | |
| 44. | Minister for Immigration and Multicultural Affairs v Eshetu | 1999 | 197 CLR 611; [1999] HCA 21 | Gleeson | 1847 | Refugee/Migration | |
| 45. | Postiglione v R | 1997 | 189 CLR 295; [1997] HCA 26 | Brennan | 1776 | Criminal | |
| 43. | Re Refugee Review Tribunal; Ex parte Aala | 2000 | 204 CLR 82; [2000] HCA 57 | Gleeson | 1766 | Refugee/Migration | |
| 44. | Attorney-General (NSW) v Quin | 1990 | 170 CLR 1; [1990] HCA 21 | Mason | 1741 | Administrative | Legitimate expectation in Natural Justice and the extent a court can stop government policy |
| 45. | Latoudis v Casey | 1990 | 170 CLR 534; [1990] HCA 59 | Mason | 1695 | | |
| 46. | Minister for Immigration and Ethnic Affairs v Teoh | 1995 | 183 CLR 273; [1995] HCA 20 | Mason | 1676 | Administrative Refugee/Migration | the ratification of an international Convention gave rise to a legitimate expectation that the convention would be applied by the Immigration department. |
| 47. | Wyong Shire Council v Shirt | 1980 | 146 CLR 40; [1980] HCA 12 | Barwick | 1658 | | |
| 48. | Mill v R | 1988 | 166 CLR 59; [1988] HCA 70 | Mason | 1640 | Criminal | |
| 49. | Stanford v Stanford | 2012 | 247 CLR 108; [2012] HCA 52 | French | 1635 | | |
| 50. | Warren v Coombes | 1979 | 142 CLR 531; [1979] HCA 9 | Barwick | 1624 | | |
| 51. | Waltons Stores (Interstate) Ltd v Maher | 1988 | 164 CLR 387; [1988] HCA 7 | Mason | 1621 | | Equitable doctrines of unconscionability in commercial law |
| 52. | SAAP v Minister for Immigration and Multicultural and Indigenous Affairs | 2005 | 228 CLR 294; [2005] HCA 24 | Gleeson | 1606 | Refugee/Migration | |
| 53. | MRR v GR | 2010 | 240 CLR 461; [2010] HCA 4 | French | 1604 | | The meaning of 'best interests of the child' in child separation cases |
| 54. | Wong v R | 2001 | 207 CLR 584; [2001] HCA 64 | Gleeson | 1575 | Criminal |
| 55. | Lowe v R | 1984 | 154 CLR 606; [1984] HCA 46 | Gibbs | 1562 | Criminal | |
| 56. | Minister for Immigration and Citizenship v Li | 2013 | 249 CLR 332; [2013] HCA 18 | French | 1560 | Refugee/Migration | |
| 57. | SZFDV v MIAC | 2007 | 233 CLR 51; [2007] HCA 41 | Gleeson | 1551 | Refugee/Migration |
| 58. | Alcan (NT) Alumina Pty Ltd v Commissioner of Territory Revenue | 2009 | 239 CLR 27; [2009] HCA 41 | French | 1547 | | |
| 59. | Re Refugee Review Tribunal; Ex parte H | 2001 | 179 ALR 425; [2001] HCA 28 | Gleeson | 1517 | Refugee/Migration | |
| 60. | Hospital Products Ltd v United States Surgical Corporation | 1984 | 156 CLR 41; [1984] HCA 64 | Gibbs | 1517 | | |
| 61. | Allesch v Maunz | 2000 | 203 CLR 172; [2000] HCA 40 | Gleeson | 1510 | | |
| 62. | Hili v R | 2010 | 242 CLR 520; [2010] HCA 45 | French | 1502 | Criminal | |
| 63. | Coulton v Holcombe | 1986 | 162 CLR 1; [1986] HCA 33 | Gibbs | 1502 | | |
| 64. | Gallo v Dawson | 1990 | 93 ALR 479; [1990] HCA 30 | Mason | 1489 | | |
| 65. | Markarian v R | 2005 | 228 CLR 357; [2005] HCA 25 | Gleeson | 1462 | Criminal |
| 66. | Wardley Australia Ltd v Western Australia | 1992 | 175 CLR 514; [1992] HCA 55 | Mason | 1461 | | |
| 67. | Queensland v J L Holdings Pty Ltd | 1997 | 189 CLR 146; [1997] HCA 1 | Brennan | 1448 | | |
| 68. | Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam | 2003 | 214 CLR 1; [2003] HCA 6 | Gleeson | 1442 | Refugee/Migration | |
| 69. | Dietrich v R | 1992 | 177 CLR 292; [1992] HCA 57 | Mason | 1435 | Criminal | Indefinite stays may be granted by courts when an accused lacking legal representation would result in an unfair trial |
| 70. | M v M | 1988 | 166 CLR 69; [1988] HCA 68 | Mason | 1417 | Criminal | |
| 71. | Malec v JC Hutton Pty Ltd | 1990 | 169 CLR 638; [1990] HCA 20 | Mason | 1402 | | |
| 73. | Shell Co of Australia Ltd v Esso Standard Oil (Australia) Ltd | 1963 | 109 CLR 407; [1963] HCA 66 | Dixon | 1379 |
| 74. | Spencer v Commonwealth | 2010 | 241 CLR 118; [2010] HCA 28 | French | 1364 | | |
| 75. | Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd | 1992 | 110 CLR 445; [1992] HCA 66 | Mason | 1357 | | |
| 76. | Jago v District Court (NSW) | 1989 | 168 CLR 23; [1989] HCA 46 | Mason | 1354 | | |
| 77. | Ainsworth v Criminal Justice Commission | 1992 | 175 CLR 564; [1992] HCA 10 | Mason | 1346 | | |
| 78. | Stevens v Brodribb Sawmilling Co Pty Ltd | 1986 | 160 CLR 16; [1986] HCA 1 | Gibbs | 1343 | | |
| 79. | Minister for Immigration and Citizenship v SZIAI | 2009 | 159 ALR 429; [2009] HCA 39 | French | 1319 | Refugee/Migration | |
| 80. | Minister for Immigration and Multicultural Affairs v SGLB | 2004 | 207 ALR 12; [2004] HCA 32 | Gleeson | 1313 | Refugee/Migration |
| 81. | Muldrock v R | 2011 | 244 CLR 120; [2011] HCA 39 | French | 1299 | Criminal | |
| 82. | Re Minister for Immigration and Multicultural Affairs; Ex parte Applicant S20/2002 | 2003 | 198 ALR 59; [2003] HCA 30 | Gleeson | 1276 | Refugee/Migration | |
| 83. | Singer v Berghouse | 1994 | 181 CLR 291; [1994] HCA 40 | Mason | 1273 | | |
| 84. | Lowndes v R | 1999 | 195 CLR 665; [1999] HCA 29 | Gleeson | 1269 | Criminal | |
| 85. | Commercial Bank of Australia Ltd v Amadio | 1983 | 151 CLR 447; [1983] HCA 14 | Gibbs | 1268 | Equity | The meaning of unconscionability in Australian law |
| 86. | R v Olbrich | 1999 | 199 CLR 279; [1999] HCA 54 | Gleeson | 1267 | Criminal |
| 87. | Stead v State Government Insurance Commission | 1986 | 161 CLR 141; [1986] HCA 54 | Gibbs | 1253 | | |
| 88. | Australian Broadcasting Corporation v O'Neill | 2006 | 227 CLR 57; [2006] HCA 46 | Gleeson | 1248 |
| 89. | Parkdale Custom Built Furniture Pty Ltd v Puxu Pty Ltd | 1982 | 149 CLR 191; [1982] HCA 44 | Gibbs | 1229 | | |
| 90. | Farah Constructions Pty Ltd v Say-Dee Pty Ltd | 2007 | [2007] HCA 22 | Gleeson | 1225 | Unjust enrichment Equity Property Precedent | Unjust enrichment is not the doctrinal basis for constructive trust relief under Barnes v Addy Constructive trust relief is defeated by registration of an interest in the Torrens system Lower courts must obey the 'seriously considered dicta' of a High Court majority Intermediate appellate courts and trial judges in Australia should not depart from other intermediate court decisions, unless they are convinced (it would be) plainly wrong |
| 91. | Williams v Spautz | 1992 | 174 CLR 509; [1992] HCA 34 | Mason | 1223 | | |
| 92. | Waterford v Commonwealth | 1987 | 163 CLR 54; [1987] HCA 25 | Mason | 1197 | | |
| 93. | Berenguel v Minister for Immigration and Citizenship | 2010 | 264 ALR 417; [2010] HCA 8 | French | 1193 | Refugee/Migration | |
| 94. | Blair v Curran | 1939 | 62 CLR 464; [1939] HCA 23 | Latham | 1181 |
| 95. | Re JRL; Ex parte CJL | 1986 | 161 CLR 342; [1986] HCA 39 | Gibbs | 1178 | | |
| 96. | Gronow v Gronow | 1979 | 114 CLR 513; [1979] HCA 63 | Barwick | 1174 | Family | In child separation cases, there is no principle, presumption, or preference for the parental role of the mother |
| 97. | Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc | 1981 | 148 CLR 170; [1981] HCA 39 | Gibbs | 1171 | | |
| 98. | Minister for Immigration and Multicultural Affairs v Bhardwaj | 2002 | 209 CLR 597; [2002] HCA 11 | Gleeson | 1167 | Refugee/Migration |
| 99. | Commonwealth v Amann Aviation Pty Ltd | 1991 | 174 CLR 64; [1991] HCA 54 | Mason | 1149 | | reliance damages for breach of contract |
| 100. | Abalos v Australian Postal Commission | 1990 | 171 CLR 167; [1990] HCA 47 | Mason | 1132 | |
| 101. | Masters v Cameron | 1954 | 91 CLR 353; [1954] HCA 72 | Dixon | 1120 | Contract | Prior verbal contracts may form part of a subsequent formal contract |
| 102. | Gould v Vaggelas | 1984 | 157 CLR 215; [1984] HCA 68 | Gibbs | 1112 | | |
| 103. | Livesey v New South Wales Bar Association | 1983 | 151 CLR 288; [1983] HCA 17 | Gibbs | 1097 | | |
| 104. | Australian Capital Television Pty Ltd v Commonwealth | 1992 | 117 CLR 106; [1992] HCA 45 | Mason | 1095 | | First freedom of political communication case, representative and responsible govt is implied. |
| 105. | Webb v R | 1994 | 181 CLR 41; [1994] HCA 30 | Mason | 1093 | Criminal | |
| 106. | Lange v Australian Broadcasting Corporation | 1997 | 189 CLR 520; [1997] HCA 25 | Brennan | 1087 | Constitutional | Second freedom of political communication case |
| 107. | Muschinski v Dodds | 1985 | 160 CLR 583; [1985] HCA 78 | Gibbs | 1082 | | de facto relationship gave rise to a constructive trust |
| 108. | Pacific Carriers Ltd v BNP Paribas | 2004 | 218 CLR 451; [2004] HCA 35 | Gleeson | 1073 | | |
| 109. | O'Sullivan v Farrer | 1989 | 168 CLR 210; [1989] HCA 61 | Mason | 1068 | | |
| 110. | Yorke v Lucas | 1985 | 158 CLR 661; [1985] HCA 65 | Gibbs | 1065 | | |
| 111. | Fancourt v Mercantile Credits Ltd | 1983 | 154 CLR 87; [1983] HCA 25 | Gibbs | 1045 | | |
| 112. | Esso Australia Resources Ltd v Federal Commissioner of Taxation | 1999 | 201 CLR 49; [1999] HCA 67 | Gleeson | 1036 | Legal professional privilege | The 'dominant purpose' test is the common law test in Australia for legal professional privilege |
| 113. | Bushel v Repatriation Commission | 1992 | 175 CLR 408; [1992] HCA 47 | Mason | 1017 | | |
| 114. | State Rail Authority of New South Wales v Earthline Constructions Pty Ltd (in liq) | 1999 | 160 ALR 588; [1999] HCA 3 | Gleeson | 1016 | |
| 115. | R v Hickman; Ex parte Fox and Clinton | 1945 | 70 CLR 408; [1945] HCA 53 | Latham | 1015 | | |
| 116. | Mann v Carnell | 1999 | 201 CLR 1; [1999] HCA 66 | Gleeson | 1011 | | |
| 117. | MFA v R | 2002 | 213 CLR 696; [2002] HCA 53 | Gleeson | 1001 | Criminal | |
| 118. | Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin | 1997 | 186 CLR 662; [1997] HCA 6 | Brennan | 1000 | Refugee/Migration | |
| 119. | Maxwell v Murphy | 1957 | 96 CLR 261; [1957] HCA 7 | Dixon | 996 | | |
| 120. | Hope v Bathurst City Council | 1980 | 144 CLR 1; [1980] HCA 16 | Barwick | 994 | | |
| 121. | Pavey & Matthews Pty Ltd v Paul | 1987 | 162 CLR 221; [1987] HCA 5 | Mason | 988 | Unjust enrichment | Unjust enrichment, and awards for restitution in quantum meruit |
| 122. | Australian Woollen Mills Ltd v FS Walton & Co Ltd | 1937 | 58 CLR 641; [1937] HCA 51 | Latham | 982 | | |
| 123. | Banque Commerciale SA, En Liquidation v Akhil Holdings Ltd | 1990 | 169 CLR 279; [1990] HCA 11 | Mason | 978 | | |
| 124. | Knight v FP Special Assets Ltd | 1992 | 174 CLR 178; [1992] HCA 28 | Mason | 976 | | |
| 125. | Mallet v Mallet | 1984 | 156 CLR 605; [1984] HCA 21 | Gibbs | 964 | | |
| 126. | Grant v Downs | 1976 | 135 CLR 674; [1976] HCA 63 | Barwick | 963 | | |
| 127. | Vakauta v Kelly | 1989 | 167 CLR 568; [1989] HCA 44 | Mason | 960 | | |
| 128. | R v De Simoni | 1981 | 147 CLR 383; [1981] HCA 31 | Gibbs | 944 | Criminal | Sentencing judges must not rely on facts implying a more serious crime than the actual conviction |
| 129. | Sankey v Whitlam | 1978 | 142 CLR 1; [1978] HCA 43 | Barwick | 938 | Administrative | Imposed a very narrow view of when a government could claim 'crown privilege' |
| 130. | Shepherd v R | 1990 | 170 CLR 573; [1990] HCA 56 | Mason | 927 | Criminal | |
| 131. | Bunning v Cross | 1978 | 141 CLR 54; [1978] HCA 22 | Barwick | 920 | | Accused bears onus of proving evidence was improperly obtained |
| 132. | U v U | 2002 | 211 CLR 238; [2002] HCA 36 | Gleeson | 916 | | |
| 133. | Kable v Director of Public Prosecutions (NSW) | 1996 | 189 CLR 51; [1996] HCA 24 | Brennan | 916 | Constitutional | Nature of the judicial power of the Commonwealth, as exercised by State supreme courts; indefinite detention repugnant to judicial power |
| 134. | Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd | 2001 | 208 CLR 119; [2001] HCA 63 | Gleeson | 908 | | |
| 135. | Green v R; Quinn v R | 2011 | 244 CLR 462; [2011] HCA 49 | French | 905 | Criminal | |
| 136. | Suttor v Gundowda Pty Ltd | 1950 | 81 CLR 418; [1950] HCA 35 | Latham | 898 | | |
| 138. | Chu Kheng Lim v Minister for Immigration, Local government and Ethnic Affairs | 1992 | 176 CLR 1; [1992] HCA 46 | Mason | 895 | Refugee/Migration | |
| 139. | Nationwide News Pty Ltd v Wills | 1992 | 177 CLR 1; [1992] HCA 46 | Mason | 894 | Constitutional | Freedom of Political Communication |
| 140. | Commonwealth v Tasmania | 1983 | 158 CLR 1; [1983] HCA 21 | Gibbs | 892 | Constitutional | Examined the extent of the Commonwealth's external affair power and the corporations power |
| 141. | Sellars v Adelaide Petroleum NL | 1994 | 179 CLR 332; [1994] HCA 4 | Mason | 887 | | |
| 142. | Australian Broadcasting Commission v Australasian Performing Right Association Ltd | 1973 | 129 CLR 99; [1973] HCA 36 | Barwick | 885 | | |
| 143. | | | | | | | |
| 144. | Bellgrove v Eldridge | 1954 | 90 CLR 613; [1954] HCA 36 | Dixon | 875 | | |
| 145. | Australian Coal and Shale Employees' Federation v The Commonwealth | 1953 | 94 CLR 621; [1953] HCA 25 | Dixon | 875 | | |
| 146. | Jackamarra v Krakouer | 1998 | 195 CLR 516; [1998] HCA 27 | Gleeson | 872 | | |
| 147. | Annetts v McCann | 1990 | 170 CLR 596; [1990] HCA 57 | Mason | 872 | | Natural justice requirements for royal commissions |
| 148. | Sutherland Shire Council v Heyman | 1985 | 157 CLR 424; [1985] HCA 41 | Gibbs | 871 | | |
| 149. | Longman v R | 1989 | 168 CLR 79; [1989] HCA 60 | Mason | 869 | Criminal | |
| 150. | Edwards v R | 1993 | 178 CLR 193; [1993] HCA 63 | Mason | 860 | Criminal | |
| | Dalgarno v Hannah | 1903 | 1 CLR 1; [1903] HCA 1 | Griffith | 54 | Constitutional | First case decided by the Court |
| | Bond v The Commonwealth of Australia | 1903 | 1 CLR 13; [1903] HCA 2 | Griffith | 16 | Constitutional | Priority of constitution over statute |
| | Chanter v Blackwood & Maloney v McEacharn | 1904 | 1 CLR 39; [1904] HCA 2 | Griffith | 34 | | Irregularities only affect the result of an election if the improper votes exceed the majority and official errors were, in sufficient numbers, a ground for making the election void. |
| | D'Emden v Pedder | 1904 | 1 CLR 91; [1904] HCA 1 | Griffith | 197 | Constitutional | Whether salary receipts of federal government employees were subject to state stamp duty and applied the doctrine of implied intergovernmental immunities. |
| | Peterswald v Bartley | 1904 | 1 CLR 497; [1904] HCA 21 | Griffith | 63 | Constitutional | Dealt with s90 of the Australian Constitution, which prohibits States from levying excise. |
| | Municipal Council of Sydney v The Commonwealth | 1904 | 1 CLR 208; [1904] HCA 50 | Griffith | 86 | Constitutional | Held that a municipal rate was a tax imposed by a state agency for the purposes of section 114 of the Constitution. |
| | Tasmania v The Commonwealth of Australia and Victoria | 1904 | 1 CLR 329 | Griffith | 80 | Constitutional | Concerned the proper approach to the interpretation of the Constitution. |
| | Deakin v Webb | 1904 | 1 CLR 585 | Griffith | 73 | Constitutional | Held that Alfred Deakin was not liable to pay Victorian income tax on his salary as a member of the Australian House of Representatives. |
| | Potter v Broken Hill Proprietary Co Ltd | 1906 | 3 CLR 479 | Griffith | 66 | | extended the Moçambique rule to hold that the infringement in NSW of a NSW patent was not justiciable in Victoria |
| | Federated Amalgamated Government Railway and Tramway Service Association v The New South Wales Railway Traffic Employes Association (Railway servants case) | 1906 | 4 CLR 488 | Griffith | 124 | Constitutional | State railways employees could not be part of an interstate industrial dispute under the doctrine of "implied inter-governmental immunities" |
| | Baxter v Commissioners of Taxation (NSW) | 1907 | 4 CLR 1087 | Griffith | 149 | Constitutional | the Privy Council had no jurisdiction to decide Webb v Outtrim and upheld the doctrine of "implied inter-governmental immunities". |
| | Blundell v Vardon | 1907 | 4 CLR 1463 | Griffith | 16 | Constitutional | a series of 3 cases concerning the process of electing and appointing senators and the consequences of a void election. |
| | R v Barger | 1908 | 6 CLR 41 | Griffith | 148 | Constitutional | High Court appeal which overruled the Harvester Judgement |
| | Jumbunna Coal Mine NL v Victorian Coal Miners’ Association | 1908 | 6 CLR 309 | Griffith | 437 | Constitutional | the registration of Trade Unions was incidental to the conciliation and arbitration power |
| | Attorney-General for NSW v Brewery Employees Union of NSW (Union Label case) | 1908 | 6 CLR 469 | Griffith | 280 | Constitutional | Applied the reserved powers doctrine and determined the constitutional meaning of trade marks |
| | R v Commonwealth Court of Conciliation and Arbitration; Ex parte BHP | 1909 | 8 CLR 419 | Griffith | 53 | Constitutional | High Court asserted its power to correct jurisdictional error and in doing so expanded the scope of prohibition beyond the reach it had in English courts |
| | Federated Sawmill Employees Association v James Moore & Sons Pty Ltd | 1909 | 8 CLR 465 | Griffith | 53 | Constitutional | Federal award could not be inconsistent with a State wages board determination |
| | Huddart, Parker & Co Ltd v Moorehead | 1909 | 8 CLR 330 | Griffith | 481 | Constitutional | established the classic definition of judicial power and held that the corporations power should be construed narrowly |
| | Australian Boot Trade Employees' Federation v Whybrow & Co | 1910 | 10 CLR 266 | Griffith | 47 | Constitutional | the conciliation and arbitration power did not permit common rule awards to prevent industrial disputes |
| | SS Kalibia v Wilson | 1910 | 11 CLR 689 | Griffith | 109 | Constitutional | the extent of the navigation power |
| | Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd | 1911 | 12 CLR 398 | Griffith | 189 | | a union in different industries could not be registered |
| | Melbourne Steamship Co Ltd v Moorehead | 1912 | 15 CLR 333 | Griffith | 161 | Constitutional | trade & commerce power |
| | Colonial Sugar Refining Co Ltd v Attorney-General (Cth) | 1912 | 15 CLR 182 | Griffith | 58 | | the only case in which the High Court granted a certificate under section 74 of the Constitution to appeal to the Privy Council |
| | New South Wales v Commonwealth (Wheat or Inter-State Commission case) | 1915 | 20 CLR 54 | Griffith | 144 | Constitutional | Separation of powers for Courts and the Inter-State Commission |
| | Farey v Burvett | 1916 | 21 CLR 433 | Griffith | 109 | Constitutional | The defence power was paramount such that the reserved powers doctrine did not apply to it |
| | Waterside Workers' Federation of Australia v J W Alexander Ltd | 1918 | 25 CLR 434 | Griffith | 291 | Constitutional | the Constitution requires lifetime appointments for judges to specific courts |
| | Amalgamated Society of Engineers v Adelaide Steamship Co. Ltd (Engineers' Case) | 1920 | 28 CLR 129 | Knox | 774 | Constitutional | Rejected the reserved State powers doctrine |
| | R v Licensing Court of Brisbane; Ex parte Daniell | 1920 | 28 CLR 23 | Knox | 71 | | Inconsistency between Commonwealth and State legislation, which is dealt with by s109 of the Australian Constitution |
| | Re Judiciary and Navigation Acts | 1921 | 29 CLR 257 | Knox | 528 | | Dealt with what is a matter for the court and what the court can hear |
| | Roche v Kronheimer | 1921 | 29 CLR 329 | Knox | 55 | | Concluded that Federal Parliament had the power to implement the Treaty of Versailles under the defence power. One view was also under the external affair power |
| | Melbourne Corporation v Barry | 1922 | 31 CLR 174 | Knox | 141 | | Early civil liberties case, striking down a municipal attempt to regulate street marches |
| | Pirrie v McFarlane | 1925 | 36 CLR 170 | Knox | 109 | | Crown immunity case |
| | British Imperial Oil Co Ltd v Federal Commissioner of Taxation | 1925 | 35 CLR 422 | Knox | 68 | | A power of appeal against an income tax assessment was part of the Judicial power of the Commonwealth |
| | Burwood Cinema Ltd v Australian Theatrical and Amusement Employees' Association | 1925 | 35 CLR 528 | Knox | 196 | | Unions are not just agents for their members but can be a party in their own right to an industrial dispute and award |
| | Clyde Engineering Co Ltd v Cowburn | 1926 | 37 CLR 466 | Knox | 214 | | 'cover the field' test for inconsistency between a Commonwealth and a State law |
| | R v Clarke | 1927 | 40 CLR 227 | Knox | 48 | | no contract was formed because the offer of a reward was not accepted by Clarke because he did not act to claim the reward, instead he gave information that led to the conviction of a murderer to clear himself of a charge of accessory to that murder |
| | Federated State School Teachers' Association of Australia v Victoria | 1929 | 41 CLR 569 | Knox | 61 | | a state school teacher was not engaged in an industry and so could not be covered by a federal award |
| | Caledonian Collieries Ltd v Australasian Coal & Shale Employees' Federation (No 1) | 1930 | 42 CLR 527 | Knox | 80 | | attempts to arbitrate a management lockout in Hunter Valley coalmines were invalid as the dispute did not "extend beyond the limits of any one State". |
| | Ex Parte McLean | 1930 | 43 CLR 472 | Isaacs | 288 | | the Masters and Servants Act 1902 (NSW) was relevantly invalid as inconsistent with the Commonwealth Pastoral Award, in which Dixon J reformulated the 'cover the field' test established in Clyde Engineering Co Ltd v Cowburn |
| | Munday v Gill | 1930 | 44 CLR 38 | Isaacs | 73 | | in a sequel to the Caledonian Collieries case, 18 miners out of the 6–10,000 who resisted the reopening of the mine were tried together and convicted of unlawful assembly. The majority held that the right to a separate hearing did not apply to summary proceedings for statutory offences |
| | Hollis v Vabu | 1999 | 207 CLR 21 | Gleeson | 832 | Industrial law | principles determinative of whether a worker should be regarded as an employee or independent contractor |
| | Australian Railways Union v Victorian Railways Commissioners | 1930 | 44 CLR 319 | Isaacs | 129 | | in a precursor to Melbourne Corporation v Commonwealth, Dixon J held that federal legislation could not "discriminate against the States or their agencies." |
| | Attorney-General (New South Wales) v Trethowan | 1931 | 44 CLR 394 | Gavan Duffy | 68 | | considered Premier of New South Wales Jack Lang's attempt to abolish the New South Wales Legislative Council. |
| | Victorian Stevedoring & General Contracting Co Pty Ltd v Dignan | 1931 | 46 CLR 73 | Gavan Duffy | 536 | | the Constitution did not require a strict separation of powers between the executive and the legislature |
| | New South Wales v Commonwealth (No.1) | 1932 | 46 CLR 155 | Gavan Duffy | 38 | | the Commonwealth could validly seize State revenue for the purpose of paying interest on State debts |
| | Australian Knitting Mills Limited v Grant | 1933 | 50 CLR 387 | Gavan Duffy | 181 | | concerned the liability of a manufacturer of woolen underwear to a consumer. The High Court decision was overturned by the Privy Council. |
| | Tuckiar v The King | 1934 | 52 CLR 335 | Gavan Duffy | 68 | | race relations and lawyer duty case. |
| | R v Carter; ex parte Kisch and R v Wilson; ex parte Kisch (Kisch's case) | 1934 | 52 CLR 234 | Gavan Duffy | 61 | Immigration | a long round of litigation arising from the Lyons' government's attempts to exclude left-wing journalist Egon Kisch from Australia. Found that Scottish Gaelic was not a European language within the meaning of the Immigration Restriction Act 1901 (Cth). |
| | R v Burgess; Ex parte Henry | 1936 | 55 CLR 608 | Latham | 177 | | external affair power extends to implementing treaties |
| | Victoria Park Racing & Recreation Grounds Co Ltd v Taylor | 1937 | 58 CLR 479 | Latham | 219 | Property | broadcasting rights were not protected as quasi-property |
| | Matthews v Chicory Marketing Board (Vic) | 1938 | 80 CLR 263 | Latham | 1 | | Considered s90 of the Constitution, which prohibits States from levying excise. |
| | Henwood v Municipal Tramways Trust (SA) | 1938 | 60 CLR 438 | Latham | 115 | | the unlawful act of the deceased did not absolve the Trust from civil liability for its negligence. |
| | Deputy Federal Commissioner of Taxation (NSW) v W R Moran Pty Ltd | 1939 | 61 CLR 735 | Latham | 89 | | whether s96 is limited by s99, which prevents Commonwealth laws discriminating between States. |
| | Proudman v Dayman | 1941 | 67 CLR 536 | Latham | 355 | | Developed the doctrine of honest and reasonable mistake of fact as a defence to some criminal matters |
| | South Australia v Commonwealth (First Uniform Tax case) | 1942 | 65 CLR 373 | Latham | 248 | | Commonwealth taxation power was sufficient to impose a scheme of uniform income tax across the country and displace that of the States |
| | Adelaide Company of Jehovah's Witnesses v Commonwealth (Jehovah's Witnesses case) | 1943 | 67 CLR 116 | Latham | 168 | | strict limits to the Constitution's protections for religious freedom |
| | Silk Bros Pty Ltd v State Electricity Commission (Vict) | 1943 | 67 CLR 1 | Latham | 104 | | a power to determine applications by landlords for recovery of premises and providing for the enforcement of the Board's orders were an invalid attempt to confer Judicial power on a body that was not a Federal Court |
| | Attorney-General (Vic) ex rel Dale v Commonwealth (First Pharmaceutical Benefits case) | 1945 | 71 CLR 237 | Latham | 143 | | considered whether expenditure under the appropriations power had to be supported by another head of legislative power, however there was no clear ratio decidendi |
| | Australian National Airways Pty Ltd v Commonwealth (No 1) | 1945 | 71 CLR 29 | Latham | 189 | | the Commonwealth could own an airline, but it could not hinder private sector competition with that airline |
| | Melbourne Corporation v Commonwealth (Melbourne Corporation case) | 1947 | 74 CLR 31 | Latham | 402 | | limits to Commonwealth legislative power implied from federal nature of Constitution. |
| | In Re Davis | 1947 | 75 CLR 409 | Latham | 338 | | Regarding the admission of legal practitioners and the jurisdiction of courts over barristers |
| | O'Keefe v Calwell | 1948 | 77 CLR 261 | Latham | 69 | | Regarding the deportation of war time evacuees |
| | Bank of New South Wales v Commonwealth (Bank Nationalisation case) | 1948 | 76 CLR 1 | Latham | 679 | | striking down of an attempt to nationalise the banks, (Later affirmed by the Privy Council in Commonwealth v Bank of New South Wales) |
| | Parton v Milk Board (Vic) | 1949 | 80 CLR 229 | Latham | 87 | | Dealt with the meaning of excise in relation to s90 of the Constitution. |
| | P J Magennis Pty Ltd v Commonwealth | 1949 | 80 CLR 382 | Latham | 107 | | Commonwealth's power of acquisition of property, which must be on just terms, as specified in section 51(xxxi) of the Constitution. |
| | British Medical Association v Commonwealth (Second Pharmaceutical Benefits case) | 1949 | 79 CLR 201 | Latham | 133 | | Held the Pharmaceutical Benefits Act 1947 was invalid as authorising a form of civil conscription. Settled the construction of section 81 of the constitution that expenditure had to be supported by another head of legislative power. |
| | Australian Communist Party v Commonwealth (Communist Party case) | 1951 | 83 CLR 1 | Latham | 606 | | declared the Communist Party Dissolution Act 1950 (Cth) unconstitutional and invalid based on Parliament's inability to exercise a given power in the peacetime context of the Act. |
| | McRae v Commonwealth Disposals Commission | 1951 | 84 CLR 377 | Latham | 243 | | equal knowledge was required for a contract to be void for common mistake |
| | Pye v Renshaw | 1951 | 84 CLR 58 | Latham | 64 | | NSW legislation for the resumption of land that was not required to be funded under s 96 of the Constitution was not subject to the restriction in s 51(xxxi) that the acquisition of property be on just terms |
| | Australian Woollen Mills Pty Ltd v Commonwealth | 1954 | 92 CLR 424 | Dixon | 175 | Contract | a statement on government policy was not a legally binding offer capable of acceptance |
| | O'Sullivan v Noarlunga Meat Ltd | 1954 | 92 CLR 565 | Dixon | 108 | | Scope of the trade and commerce power, under s51 |
| | R v Davison | 1954 | 90 CLR 353 | Dixon | 292 | | a registrar was not an officer of the Bankruptcy Court and a legislative attempt to confer upon a registrar the power of making a judicial order was void |
| | Masters v Cameron | 1954 | 91 CLR 353 | Dixon | 1120 | | set out the possibilities when parties enter into an agreement, however that is yet to have been formalised in a more intricate agreement |
| | Mace v Murray | 1955 | 92 CLR 370 | Dixon | 161 | | an appeal against a discretionary decision can only succeed if the appeal court reaches a clear conclusion that the primary judge has failed to properly exercise the discretion |
| | R v Kirby; Ex parte Boilermakers' Society of Australia | 1956 | 94 CLR 254 | Dixon | 639 | | cornerstone decision confirming the separation of judicial and executive powers of the Commonwealth |
| | O'Sullivan v Noarlunga Meat Ltd (No 2) | 1956 | 94 CLR 367 | Dixon | 13 | | refused to issue a certificate for leave to appeal to the Privy Council against the previous decision of O'Sullivan v Noarlunga Meat Ltd |
| | Victoria v Commonwealth (Second Uniform Tax case) | 1957 | 99 CLR 575 | Dixon | 138 | | |
| | Dennis Hotels Pty Ltd v Victoria | 1960 | 104 CLR 529 | Dixon | 95 | | Deals with s90 of the constitution, which prohibits States from levying export duties |
| | Aston v Harlee Manufacturing Co | 1960 | 103 CLR 391 | Dixon | 328 | | a person register a trade mark in Australia even if it is used by someone else in a foreign country & not in Australia |
| | Swift Australian Co (Pty) Ltd v Boyd Parkinson | 1962 | 108 CLR 189 | Dixon | 28 | | Regarding the scope of the trade and commerce power in s51(i) of the Constitution |
| | Bolton v Madsen | 1963 | 110 CLR 264 | Dixon | 36 | | s90 of the Constitution, which prohibits States from levying excise duty |
| | Redfern v Dunlop Rubber Australia Ltd | 1964 | 110 CLR 194 | Dixon | 35 | | Regarding the scope of the trade and commerce power in s51(i) of the Constitution |
| | Anderson's Pty Ltd v Victoria | 1964 | 111 CLR 353 | Dixon | 29 | | s90 of the Constitution |
| | Fairfax v Commissioner of Taxation | 1965 | 114 CLR 1 | Barwick | 106 | | scope of the taxation power |
| | Airlines of New South Wales Pty Ltd v New South Wales (No 2) | 1965 | 113 CLR 54 | Barwick | 129 | | validity of Commonwealth regulations about intrastate air navigation |
| | Latec Investments Ltd v Hotel Terrigal Pty Ltd | 1965 | 113 CLR 265 | Barwick | 231 | | discussion of the principles upon which the priority of competing equitable interests in land is to be determined |
| | Beaudesert Shire Council v Smith | 1966 | 120 CLR 145 | Barwick | 112 | | a person who suffers loss because of the unlawful, intentional and positive acts of another, can recover damages independently of trespass, negligence or nuisance |
| | Beecham Group Ltd v Bristol Laboratories Pty Ltd | 1968 | 118 CLR 618 | Barwick | 848 | | there must be a prima facie case before the court will grant an interlocutory injunction |
| | Pacific Film Laboratories v Commissioner of Tax | 1970 | 121 CLR 154 | Barwick | 45 | | defined copyright |
| | Strickland v Rocla Concrete Pipes Ltd (Concrete Pipes case) | 1971 | 124 CLR 468 | Barwick | - | Constitutional | landmark Trade Practices Act 1974 (Cth) case |
| | Victoria v Commonwealth (1971) | 1971 | 122 CLR 353 | Barwick | 261 | | scope of the Commonwealth's taxation power and the extent to which it can burden a state's structural integrity |
| | Breskvar v Wall | 1972 | 126 CLR 376 | Barwick | - | | influential decision in Property Law, specifically in which equitable interests take priority |
| | King v Jones | 1972 | 128 CLR 221 | Barwick | 56 | | considered the nature of section 41 of the Australian Constitution |
| | Dickenson's Arcade Pty Ltd v Tasmania | 1974 | 130 CLR 177 | Barwick | - | | s90 of the Constitution |
| | R v Joske; Ex parte Australian Building Construction Employees and Builders' Labourers' Federation | 1974 | 130 CLR 87 | Barwick | 57 | | non-judicial powers such as reorganising unions and invalidating union rules were allowed to be exercised by a Chapter III court |
| | Cormack v Cope | 1974 | 131 CLR 432 | Barwick | 89 | | Constitutional validity of the Joint Sitting of the Australian Parliament of 1974 |
| | Victoria v Commonwealth (Petroleum and Minerals Authority Act Case) | 1975 | 134 CLR 81 | Barwick | 202 | | The passage of the Petroleum and Minerals Authority Act 1973 at the Joint Sitting of the Australian Parliament of 1974 was invalid as there had not been 3 months between the Senate failing to pass the bill and the House of Representatives passing it a second time. |
| | Western Australia v Commonwealth (First Territory Senators' Case) | 1975 | 134 CLR 201 | Barwick | 202 | | Validity of various electoral acts passed by the Joint Sitting of the Australian Parliament of 1974 including representation for the Northern Territory and Australian Capital Territory in the Senate. |
| | New South Wales v Commonwealth ('Seas and Submerged Lands case) | 1975 | 135 CLR 337 | Barwick | 318 | | Sovereignty over the continental shelf. |
| | Murphyores Inc Pty Ltd v Commonwealth | 1976 | 136 CLR 1 | Barwick | 257 | | prevention of activity within a grant of legislative power |
| | Caltex Oil (Australia) Pty Ltd v Dredge "Willemstad" | 1976 | 136 CLR 529 | Barwick | 392 | | pure economic loss was recoverable because the defendants knew or should have known that Caltex would suffer it. |
| | Mullens v Federal Commissioner of Taxation | 1976 | 135 CLR 290 | Barwick | 53 | | Tax deductions for monies subscribed to a petroleum exploration company |
| | Cridland v Federal Commissioner of Taxation | 1977 | 140 CLR 330 | Barwick | 54 | | Tax scheme whereby university students became primary producers |
| | Slutzkin v Federal Commissioner of Taxation | 1977 | 140 CLR 314 | Barwick | - | | Concerning the tax position of company owners who sold to a dividend stripping operation |
| | Queensland v Commonwealth (1977) (Second Territory Senators' Case) | 1977 | 139 CLR 585 | Barwick | 225 | | the validity of full representation for the Northern Territory and Australian Capital Territory in the Parliament |
| | Sankey v Whitlam | 1978 | 142 CLR 1 | Barwick | 938 | | extent of 'crown privilege' |
| | Gronow v Gronow | 1979 | 144 CLR 513 | Barwick | 1174 | | the preferred role of the mother was not a principle, presumption nor preference |
| | R v Federal Court of Australia; Ex parte W.A. National Football League | 1979 | 143 CLR 190 | Barwick | 345 | | Aka Adamson's Case Decided that a "trading and financial" corporation (a pl.(xx) entity) could be more than just a corporation set up for the purpose of trade, as long as its current revenue included a significant proportion of trading activities |
| | Attorney-General (Vic); Ex Rel Black v Commonwealth DOGS case | 1981 | 146 CLR 559 | Gibbs | 28 | | confirmed the wide interpretation of s 96 of the Constitution. |
| | Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) | 1981 | 150 CLR 225 | Gibbs | 294 | | the court decided to adopt the High Court ruling in Mutual Life & Citizens' Assurance Co. Ltd. v. Evatt (1968) over the Privy Council decision which overruled the High Court. This re-affirmed the broad approach taken to statements of negligent misrepresentation. |
| | Koowarta v Bjelke-Petersen | 1982 | 153 CLR 168 | Gibbs | 492 | | the constitutional validity of the Racial Discrimination Act 1975 (Cth) |
| | Actors and Announcers Equity Association v. Fontana Films Pty Ltd | 1982 | 150 CLR 169 | Gibbs | 213 | | extent of corporations power |
| | Legione v Hatley | 1983 | 152 CLR 406 | Gibbs | 839 | | the adoption of promissory estoppel into Australian law |
| | R v Pearson; Ex parte Sipka | 1983 | 152 CLR 254 | Gibbs | 61 | | found that there is no constitutional right to vote in Australia |
| | New South Wales v Commonwealth (1983) | 1983 | 151 CLR 302 | Gibbs | 31 | | Hospital Benefits Fund Case |
| | Fencott v Muller | 1983 | 152 CLR 570 | Gibbs | 721 | | extent of corporations power |
| | R v Coldham; Ex parte Australian Social Welfare Union | 1983 | 153 CLR 297 | Gibbs | 165 | | overturned the Schoolteacher's case and held that social workers could be a party to an industrial dispute |
| | Hematite Petroleum Pty Ltd v Victoria | 1983 | 151 CLR 599 | Gibbs | 75 | | s90 of the Constitution |
| | Chamberlain v The Queen | 1984 | 153 CLR 521 | Gibbs | 810 | | unsuccessful challenge by Lindy Chamberlain to her conviction for murder of her daughter Azaria |
| | A v Hayden | 1984 | 156 CLR 532 | Gibbs | 230 | | |
| | Kirmani v Captain Cook Cruises Pty Ltd (No 2) | 1985 | 159 CLR 461 | Gibbs | 27 | | refused an application for certificate to appeal to Privy Council, stating the power "has long since been spent" |
| | He Kaw Teh v R | 1985 | 157 CLR 523 | Gibbs | 734 | | Strict liability / Moral culpability issues in importing prohibited imports. |
| | Hilton v Wells | 1985 | 157 CLR 57 | Gibbs | 159 | | |
| | Australasian Meat Industry Employees Union v Mudginberri Station | 1986 | 161 CLR 98; [1986] HCA 46 | Gibbs | 465 | | case arising from the Mudginberri dispute |
| | Williams v The Queen | 1986 | [1986] HCA 88 | Gibbs | 299 | | Admission of evidence |
| | Computer Edge v Apple | 1986 | | Gibbs | - | | Copyright in computer software |
| | Pavey & Matthews Pty Ltd v Paul | 1987 | | Gibbs | - | | unjust enrichment and restitution for quantum meruit |
| | Re Cram; Ex parte New South Wales Colliery Proprietors' Association Ltd | 1987 | | Mason | - | | held that matters of managerial prerogative could be the subject of an industrial dispute |
| | Nile v Wood | 1987 | | Mason | - | | disqualification from election under section 44 of the Constitution is not simply for the conviction of an offence, but the person must be serving a sentence of imprisonment for one year or more. |
| | Re Ranger Uranium Mines Pty Ltd; Ex parte FMWUA | 1987 | | Mason | - | | existing employees could create an industrial dispute for the reinstatement of a former employee who was unfairly dismissed. |
| | Richardson v Forestry Commission of Tasmania | 1988 | | Mason | - | | applied external affair power following Tasmainan Dams Case. |
| | Cole v Whitfield | 1988 | | Mason | - | | Resolved s92 Jurisprudence |
| | Re Wood | 1988 | | Mason | - | | Wood's election as a Senator was invalid as he was not an Australian citizen at the time |
| | Bath v Alston Holdings Pty Ltd | 1988 | | Mason | - | | application of the freedom of interstate trade, as specified in s92 of the Constitution |
| | Trident General Insurance v McNiece | 1988 | | Mason | - | | |
| | Air Caledonie v Commonwealth | 1988 | | Mason | - | | Provides guidance as to the constitutional definition of a tax |
| | Mabo v Queensland (No 1) | 1988 | | Mason | - | | held that Australian governments were not able to abolish native title rights arbitrarily |
| | Re Tracey; Ex parte Ryan | 1989 | | Mason | - | | the defence power in s 51(vi) of the Constitution conferred power on the Parliament to enact a scheme of military discipline, including rules for the trial and punishment of offences, lying outside Chapter III. |
| | New South Wales v Commonwealth (1990) | 1990 | | Mason | - | | whether the Commonwealth had the power to legislate for the formation of companies |
| | Castlemaine Tooheys Ltd v South Australia | 1990 | | Mason | - | | Freedom of interstate trade |
| | Bropho v Western Australia | 1990 | | Mason | - | | refused to follow the Privy Council in relation to the law of Crown immunity, holding that it required ascertaining the intention of the Parliament |
| | Barley Marketing Board (NSW) v Norman | 1990 | | Mason | - | | question of whether State-run marketing boards are permissible under s92 of the Constitution |
| | Commonwealth v Verwayen | 1990 | | Mason | - | | leading case about estoppel |
| | Polyukhovich v Commonwealth (War Crimes Act case) | 1991 | | Mason | - | | validity of the War Crimes Act 1945 (Cth) |
| | Harris v Caladine | 1991 | | Mason | - | | judicial power may be given to a non-judicial agent provided the judges still bear the major responsibility for exercise of the power and the exercise of power is subject to court review. |
| | Re Nolan; Ex Parte Young | 1991 | | Mason | - | | a law to punish defence members and defence civilians for their conduct was a valid exercise of the defence power in s 51(vi) of the Constitution. |
| | Louth v Diprose | 1992 | | Mason | - | | unconscionable conduct |
| | Sykes v Cleary | 1992 | | Mason | - | | A teacher in the Victorian state system on leave without pay had his election invalidated under subsection 44(i) of the Constitution as he was acting in an office for profit under the crown. |
| | Rogers v Whitaker | 1992 | | Mason | - | | Duty of a Medical practitioner to inform a patient of the possibility of adverse effect of proposed surgery prior to obtaining consent. |
| | Secretary of the Department of Health and Community Services v JWB and SMB (Marion's case) | 1992 | | Mason | - | | looking at the capacity for children and parents to make decisions about the child's welfare – and when only a court order will provide proper consent. |
| | Leeth v Commonwealth | 1992 | | Mason | - | | implied right of legal equality in the Constitution |
| | Cheatle v The Queen | 1993 | | Mason | - | | nature of constitutional guarantee for trial by jury where Commonwealth judicial power exercised by state courts |
| | Baltic Shipping Company v Dillon | 1993 | | Mason | - | | incorporation of exclusion clauses and damages for breach of contract or restitution for unjust enrichment |
| | Black v The Queen | 1993 | | Mason | - | | directions to a jury |
| | Australian Tape Manufacturers Association Ltd v Commonwealth | 1993 | | Mason | - | | Provides guidance as to the constitutional definition of a tax |
| | Northern Suburbs General Cemetery Reserve Trust v Commonwealth | 1993 | | Mason | - | | Case that considered the scope of the taxation power |
| | Federal Commissioner of Taxation v Peabody | 1994 | | Mason | - | | The ATO sought to apply anti-avoidance provisions of the Income Tax Assessment Act 1936 (Cth) |
| | Burnie Port Authority v General Jones Pty Ltd | 1994 | | Mason | - | | tort law case which abolished the rule in Rylands v. Fletcher |
| | Theophanous v Herald & Weekly Times Ltd | 1994 | | Mason | - | | implied freedom of political communication case |
| | Re Tyler; Ex parte Foley | 1994 | | Mason | - | | if the Constitution required a service tribunal exercising disciplinary powers to be independent, a general court martial constituted under the Defence Force Discipline Act met those requirements. |
| | Brandy v Human Rights and Equal Opportunity Commission | 1995 | | Mason | - | | HREOC could not exercise judicial power. |
| | Western Australia v Commonwealth | 1995 | | Mason | - | | the Native Title Act (Cth) was a valid exercise of the race power and an inconsistent WA Act was invalid. |
| | Re Australian Education Union | 1995 | | Mason | - | | intergovernmental immunities in relation to the Constitution. |
| | Northern Territory v Mengel | 1995 | | Mason | - | | overturned its earlier decision in Beaudesert Shire Council v Smith, and that tort liability required either negligence or an intention to harm |
| | Byrne v Australian Airlines | 1995 | | Brennan | - | | test for implied terms in relation to an industrial award |
| | Grollo v Palmer | 1995 | | | - | | |
| | Langer v Commonwealth | 1996 | | | - | | full preferential voting was a valid method by which members of parliament were directly chosen by the people |
| | Wik Peoples v Queensland | 1996 | | | - | Native title | |
| | McGinty v Western Australia | 1996 | | | - | | malapportionment of state electorates |
| | Victoria v Commonwealth (Industrial Relations Act case) | 1996 | | | - | | examination of various constitutional bases for 1993 amendments to Industrial Relations Act 1988 (Cth) |
| | Leask v Commonwealth | 1996 | | | - | | role of proportionality in the Constitution |
| | Wilson v Minister for Aboriginal & Torres Strait Islander Affairs | 1996 | 189 CLR 1; 1996 HCA 18 | | - | | Hindmarsh Island bridge controversy |
| | Levy v Victoria | 1997 | 1997 HCA 31 | | - | | Freedom of Political Communication |
| | Ha v New South Wales | 1997 | | | - | | the court invalidated a New South Wales tobacco licensing scheme, reining in the licensing scheme exception to the prohibition states levying excise duties, contained in section 90 of the Australian Constitution |
| | Kruger v Commonwealth | 1997 | | | - | | stolen generations case |
| | CSR v Cigna Insurance | 1997 | | | - | | rules for granting of anti-suit injunctions |
| | Esanda Finance Corporation Ltd v Peat Marwick Hungerfords | 1997 | | | - | | liability of auditors to third parties |
| | Henderson v Defence Housing Authority (1997) | 1997 | | | - | | |
| | Kartinyeri v The Commonwealth | 1998 | | Gleeson | - | | 2nd Hindmarsh Island Bridge Case the amended s.51(xxvi) of the Constitution did not restrict the Commonwealth parliament to making laws for the benefit of the "Aboriginal race". |
| | Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia | 1998 | | Gleeson | - | | waterfront dispute case |
| | Gould v Brown | 1998 | | Gleeson | - | | unsuccessful challenge to cross-vesting scheme (precursor to Re Wakim) |
| | Garcia v National Australia Bank | 1998 | | Gleeson | - | | Determined the circumstances under which it is unconscionable for a lender to enforce a transaction against a wife |
| | Bathurst City Council v PWC Properties Pty Ltd | 1998 | | Gleeson | - | | involved Council-owned land that was being used as a public car park |
| | Egan v Willis | 1998 | | Gleeson | - | | Justiciability of legislative powers by courts |
| | Re Wakim; Ex parte McNally | 1999 | | Gleeson | - | | invalidation of part of the cross-vesting of jurisdiction scheme |
| | Sue v Hill | 1999 | | Gleeson | - | | British citizens are citizens of a 'foreign power' |
| | Bond v The Queen | 2000 | | Gleeson | - | | decision relating to the power of the federal prosecutor to institute appeals in state courts. |
| | R v Hughes | 2000 | | Gleeson | - | | power of federal officers to enforce state laws |
| | Truth About Motorways | 2000 | | Gleeson | - | | standing under Trade Practices Act 1974 (Cth) |
| | Airservices Australia v Canadian Airlines International Ltd | 2000 | | Gleeson | - | | Affirms previous High Court definitions of a tax |
| | Ebner v Official Trustee in Bankruptcy | 2000 | | Gleeson | - | | |
| | CFMEU v Australian Industrial Relations Commission (private arbitration case) | 2001 | | Gleeson | - | | a dispute settlement clause in the Gordonstone coal certified agreement created a power of private arbitration, not the exercise of the judicial power of the Commonwealth. |
| | Pilmer v Duke Group Ltd (in liq) | 2001 | | Gleeson | - | | whether a contract gives rise to fiduciary duties is always a matter of construction. |
| | Roxborough v Rothmans of Pall Mall Australia Ltd | 2001 | | Gleeson | - | | a tobacco wholesaler was unjustly enriched by retaining tobacco fees collected from the retailer that had been struck down by the High Court as an excise. |
| | Commonwealth v Yarmirr | 2001 | | Gleeson | - | | native title rights over the sea were inconsistent with the public rights of navigation and fishing |
| | ABC v Lenah Game Meats | 2001 | | Gleeson | - | | the purpose of an interlocutory injunction is to preserve identifiable legal or equitable rights |
| | R v Carroll | 2002 | | Gleeson | - | | double jeopardy issue |
| | Dow Jones & Co Inc v Gutnick | 2002 | | Gleeson | - | | where material was published on the internet, a defamation suit could be brought where the plaintiff had his primary residence and where he was best known. |
| | Luton v Lessels | 2002 | | Gleeson | - | | Affirms previous High Court definitions of a tax. |
| | Members of the Yorta Yorta Aboriginal Community v Victoria | 2002 | | Gleeson | - | | affirmed a finding by the trial judge that the 'tide of history' had 'washed away' any real acknowledgement of traditional laws and any real observance of traditional customs by the applicants. |
| | Western Australia v Ward | 2002 | | Gleeson | - | | native title is a bundle of rights, which may be extinguished one by one, for example, by a mining lease |
| | Ermogenous v Greek Orthodox Community of SA Inc | 2002 | | Gleeson | - | | whether the engagement of a minister of religion was a contract, in which the Court was critical of the language of presumptions as to intention to create a legal relationship. |
| | Neat Domestic Training Pty Ltd v AWB Ltd | 2003 | | Gleeson | - | | ambit of administrative law in the case of commercialised state corporations |
| | Cattanach v Melchior | 2003 | | Gleeson | - | | medical negligence – a doctor forced to pay upkeep of a child born as a result of his negligence |
| | Plaintiff S157/2002 v Commonwealth | 2003 | | Gleeson | - | | the Migration Act did not seek to exclude the jurisdiction of the High Court pursuant to section 75(v) of the Constitution. |
| | Re MUA; Ex parte CSL Pacific Shipping Inc | 2003 | | Gleeson | - | | the Australian Industrial Relations Commission could validly make an award covering a foreign company operating a foreign flagged vessel with a foreign crew while the ship was trading in Australian waters, pursuant to the trade and commerce power. |
| | Austin v Commonwealth | 2003 | | Gleeson | - | | Case that deals with issues of intergovernmental immunity and discrimination of states against Commonwealth power. |
| | Al-Kateb v Godwin | 2004 | | Gleeson | - | | considered the legality of indefinite immigration detention |
| | Behrooz v Secretary of the Department of Immigration and Multicultural and Indigenous Affairs | 2004 | | Gleeson | - | | harsh conditions of immigration detention do not render the detention unlawful. |
| | Re Aird; Ex parte Alpert | 2004 | | Gleeson | - | | the Defence Force Discipline Act, which permitted a trial by general court martial, was a valid exercise of the defence power in s 51(vi) of the Constitution. |
| | Electrolux v AWU | 2004 | | Gleeson | - | | under the Workplace Relations Act 1996 (Cth) industrial action and certified agreements could only be about matters pertaining to the employment relationship. |
| | Fardon v Attorney-General (Qld) | 2004 | | Gleeson | - | | Regarding the separation of powers. |
| | Coleman v Power | 2004 | | Gleeson | - | | Deals with the implied right to freedom of political communication found in the Australian Constitution. |
| | Combet v Commonwealth | 2005 | | Gleeson | - | | challenge against Federal Government's use of public funds to advertise Workchoices |
| | Stevens V Kabushiki Kaisha Sony Computer Entertainment | 2005 | | Gleeson | - | | first case in Australia to define the "anti-circumvention" provisions of the Digital Agenda Act 2000 (Cth) |
| | Fish v Solution 6 Holdings Limited | 2006 | | Gleeson | - | | the privative provisions of a NSW Act did not prevent the Court of Appeal from issuing prerogative relief for jurisdictional error. |
| | Harriton v Stephens | 2006 | | Gleeson | - | | medical negligence – consideration of whether damages could be awarded where claim of "wrongful life" |
| | New South Wales v Commonwealth (Workplace Relations case) | 2006 | | Gleeson | - | | considered the constitutional validity of WorkChoices, in the context of the Commonwealth's corporations and industrial relations powers. |
| | New South Wales v Fahy | 2007 | | Gleeson | - | | workplace negligence – whether to override the existing test for breach of duty of care in Australia. |
| | Roach v Electoral Commissioner | 2007 | | Gleeson | - | | Whether laws disenfranchising all prisoners were constitutional |
| | Thomas v Mowbray | 2007 | | Gleeson | - | | Whether "interim control orders" were constitutional |
| | Farah Constructions Pty Ltd v Say-Dee Pty Ltd | 2007 | | Gleeson | - | | Fiduciary duties; contains obiter dicta pertaining to many areas of the law of Equity |
| | White v Director of Military Prosecutions | 2007 | | Gleeson | - | | the administration of military justice under the Discipline Act was not an exercise of the judicial power of the Commonwealth. |
| | Australian Competition and Consumer Commission v Baxter Healthcare | 2007 | | Gleeson | - | | Derivative Crown immunity from statutes – whether a government contractor is bound by the Trade Practices Act 1974 (Cth) in its commercial dealings with the Crown. |
| | Betfair Pty Limited v Western Australia | 2008 | | Gleeson | - | | determined whether a series of amendments made by the Western Australian government to prohibit the operation of betting exchanges amounted to discriminatory burdens of a protectionist kind. |
| | R v Tang | 2008 | | Gleeson | - | | significant slavery prosecution |
| | Northern Territory of Australia v Arnhem Land Aboriginal Land Trust (Blue Mud Bay case) | 2008 | | Gleeson | - | | native title to waters over land |
| | Cesan v The Queen | 2008 | | French | - | | there was a miscarriage of justice in the conviction of two men for drug trafficking where the trial judge was asleep during parts of the trial. |
| | Pape v The Commissioner of Taxation of the Commonwealth of Australia | 2009 | | French | - | | the Rudd government's tax bonuses were constitutionally valid. |
| | Lane v Morrison | 2009 | | French | - | | The Australian Military Court was an invalid attempt to exercise the judicial power of the Commonwealth because its members did not enjoy the tenure required by s 72 of the Constitution. |
| | Kirk v Industrial Court of NSW | 2010 | | French | - | | State Parliaments cannot prevent State Supreme Courts from issuing prerogative relief for jurisdictional error. |
| | South Australia v Totani | 2010 | | French | - | | South Australian Bikie laws and freedom of association case: A State could not validly impair one of the defining characteristics of a court. |
| | Rowe v Electoral Commissioner | 2010 | | French | - | | Commonwealth legislation invalidly sought to restrict the time in which a person may seek to enroll in an election or alter their enrollment details after the writs for 2010 Australian federal election had been issued. |
| | Plaintiff M61/2010E v Commonwealth | 2010 | | French | - | | The minister was required to afford procedural fairness to applicants for refugee status who were assessed as part of an "offshore processing regime" |
| | Telstra Corporation Ltd v Commonwealth | 2010 | | French | - | | the operation of the access regime to the copper telecommunications network did not result in an acquisition of property on unjust terms |
| | Plaintiff M70/2011 v Minister for Immigration and Citizenship | 2010 | | French | - | | The Malaysia Solution case: refugees can not be deported to nations which are not legally bound to ensure various safeties for those refugees. |
| | Wainohu v New South Wales | 2011 | | French | - | | Non-judicial functions conferred upon judges of the Supreme Court of NSW were incompatible with institutional integrity of the Court |
| | Haskins v The Commonwealth | 2011 | | French | - | | the Military Justice (Interim Measures) Act was a valid exercise of the defence power and provided lawful authority justifying the detention of the plaintiff. |
| | JT International SA v Commonwealth | 2011 | | French | - | | rejected the Tobacco companies challenge to the Commonwealth's plain tobacco packaging laws, claiming their trademark property had been illegally acquired without compensation. |
| | Wotton v Queensland | 2012 | | French | - | | a gag order applying to all prisoners and parolees was a legitimate burden on freedom of political communication. |
| | Williams v Commonwealth | 2012 | | French | - | | School Chaplins case: The funding for school chaplins was not a valid use of prerogative powers for the executive under s61 of the constitution. |
| | Bendigo Regional Institute of TAFE v Barclay | 2012 | | French | - | Industrial Law | held the employer did not act for a prohibited reason when it suspended a union delegate over an inflammatory email. |
| | Betfair Pty Limited v Racing New South Wales | 2012 | | French | - | | a fee to access race field information had no discriminatory or protectionist effect on interstate trade and did not infringe s 92 of the Constitution. |
| | Kakavas v Crown Melbourne Ltd | 2013 | | French | - | | A casino did not owe a duty of care to gamblers. |
| | Monis v The Queen | 2013 | | French | - | | a split decision on whether the implied freedom of political communication protected the sending of offensive messages by post. |
| | Akiba v Commonwealth (2013) | 2013 | | French | - | | held that native title rights at sea were not extinguished by legislation for fishing licences and third party rights of a personal character dependent upon status were not rights in relation to the waters. |
| | Commonwealth v ACT (Same-sex marriage case) | 2014 | | French | - | | The Marriage Equality Act 2013 (ACT) was invalid as inconsistent with the Marriage Act 1961 (Cth) |
| | Commonwealth Bank of Australia v Barker | 2014 | | French | - | | there is no implied term in contracts of employment in Australia imposing a mutual duty of trust and confidence. |
| | Williams v Commonwealth (No 2) | 2014 | | French | - | | 2nd School Chaplins case: The legislation for funding for school chaplins was invalid as it extended beyond the scope of Parliament's power under the Constitution. |
| | CFMEU v BHP Coal Pty Ltd | 2014 | | French | - | | held the employer did not act for a prohibited reason when it dismissed a union member who held up a scab sign during a union protest. |
| | Queensland v Congoo | 2015 | [2015] HCA 17 | French | - | | split decision on whether a temporary military occupation of the Bar Barrum people's land during World War Two permanently extinguished their native title |
| | McCloy v New South Wales | 2015 | [2015] HCA 34 | French | - | | In reference to the Provisions of Election Funding, Expenditure and Disclosures Act 1981 (NSW) on whether the states have the power to forbid groups such as Property Developers from making Political Donations during an Election Cycle and whether it restricts Freedom of Political Association. The court found that states do have that power and it does not infringe on freedoms in the Constitution. |
| | D'Arcy v Myriad Genetics Inc | 2015 | | French | - | | human genes are not a 'patentable invention' for the purposes of the Patents Act 1900 (Cth). |
| | Attwells v Jackson Lalic Lawyers Pty Ltd | 2016 | | French | - | | advice given by an advocate out of court that led to consent orders made by the court was not subject to the advocate's immunity from suit. |
| | Day v Australian Electoral Officer for SA | 2016 | | French | - | | upheld the 2016 Senate voting changes as both above the line and below the line voting were constitutionally valid methods for the people to choose their Senators. |
| | Murphy v Electoral Commissioner | 2016 | [2016] HCA 36 | French | - | | held that closing the electoral rolls 7 days after the issuing of writs was not a burden on the requirement that members of Parliament be directly chosen by the people. |
| | Cunningham v Commonwealth | 2016 | [2016] HCA 39 | French | - | | changes to the retiring allowances and life Gold Pass for retired members of Parliament were not an acquisition of property otherwise than on just terms. |
| | Re Culleton (No 2) | 2017 | | Kiefel | - | | Rod Culleton was incapable of being chosen as a senator as he was subjected to be sentenced at the time of his election, despite the conviction subsequently being annulled. |
| | Re Day (No 2) | 2017 | | Kiefel | - | | Bob Day was disqualified from sitting as a senator as he had an interest in an agreement with the crown. |
| | Wilkie v Commonwealth | 2017 | | Kiefel | - | | expenditure for the Australian Marriage Law Postal Survey had been approved by Parliament and was the collection of "statistical information" that could be conducted by the ABS. |
| | Brown v Tasmania | 2017 | | Kiefel | - | | provisions of the Tasmanian Protesters Act were unconstitutional since they excessively burdened the implied constitutional right of political communication. |
| | Re Canavan | 2017 | | Kiefel | - | | the Citizenship seven case (2017): followed Sykes v Cleary holding that the fact of dual citizenship was disqualifying, regardless of whether the person knew of the citizenship or took any voluntary act. |
| | Re Nash (No 2) | 2017 | | Kiefel | - | | the words "incapable of being chosen" refer to a process of being chosen that does not end on polling day; the process continues until such time as the result of the election is declared which, in the case of a vacancy arising under s 44 of the Constitution, cannot be until the places elected are filled by the qualified candidates. |
| | Alley v Gillespie | 2018 | | Kiefel | - | | section 46 of the Constitution and the displacing legislation cannot be read as conferring on the High Court the power to determine the eligibility of a member of parliament; that power is conferred on the relevant House of Parliament or the Court of Disputed Returns acting pursuant to a referral under the Commonwealth Electoral Act. |
| | Unions NSW v New South Wales | 2019 | [2019] HCA 1 | Kiefel | - | | section 29 (10) of the Electoral Funding Act 2018 (NSW), halving the permitted third-party political donation expense limit during elections, was unconstitutional since it impermissibly burdens the implied constitutional right of political communication. |
| | ASIC v Kobelt | 2019 | | Kiefel | - | | What constituted 'unconscionable conduct in connection with financial services' |
| | Comcare v Banerji | 2019 | | Kiefel | - | | The sacking of a federal public servant for making anonymous political comments on social media did not breach the implied constitutional right of political communication. |
| | Love v Commonwealth; Thoms v Commonwealth | 2020 | | Kiefel | - | | Aboriginal Australians are not within the reach of the Commonwealth's power to make laws with respect to aliens, and therefore cannot be deported. |
| | Pell v The Queen | 2020 | | Kiefel | - | | Acquittal ordersed on the basis that the jury, acting rationally on the whole of the evidence, ought to have entertained a doubt as to Cardinal George Pell's guilt. |
| | Smethurst v Commissioner of Police | 2020 | | Kiefel | - | | An invalid warrant was not a sufficient basis for an injunction to return information to a journalist who did not have a legally-protected right or interest in that information. |
| | Berry v CCL Secure Ltd | 2020 | | Kiefel | - | | Assessment of damages for deliberately deceptive conduct. |
| | Lewis v ACT | 2020 | | Kiefel | - | | Vindicatory damages are not recognised as a distinct form of common law damages in Australia. |
| | Commonwealth v Introvigne | 1982 | | Gibbs | 201 | Tort Law | Duty of care of a school for its pupils is non-delegable |
| | R v Brislan | 1935 | HCA 78; (1935) 54 CLR 262 | Latham | | Constitutional | "Other like powers" in s51(v) of Constitution included radio as it was a wireless service. |
| | Bryant & v Badenoch Integrated Logging Pty Ltd | | | | | | |
| | Fair Work Ombudsman v Quest South Perth | 2015 | [2015] HCA 45] | Keifel | | Labour law | The High Court of Australia found that Quest South Perth had contravened section 357 of the Fair Work Act 2009. |