page_title: Commonwealth v Bank of New South Wales
section_title: Background
hierarchical_section_title: Commonwealth v Bank of New South Wales / Background
caption_attribution_description: English: en:Australian Labor Party leaders en:Ben Chifley (middle) and en:Herbert Evatt (left) with en:British Prime Minister en:Clement Attlee (right) at the Dominion and British Leaders Conference, en:London, en:1946. www.pictureaustralia.org Image number M1409:31
context_page_description: Commonwealth v Bank of New South Wales, was a Privy Council decision that affirmed the High Court of Australia's decision in Bank of New South Wales v Commonwealth, promoting the theory of "individual rights" to ensure freedom of interstate trade and commerce. The case dealt primarily with Section 92 of the Constitution of Australia.
context_section_description: After two strong election wins, the Australian Labor Party government of Ben Chifley announced in 1947 its intention to nationalise private banks in Australia. It achieved this process by passing the Banking Act 1947. The policy proved very controversial, and the Bank of New South Wales challenged the constitutional validity of the law. The High Court found specific provisions of the law were invalid and struck them down. The Commonwealth government decided to appeal the decision in the Privy Council and in doing so adopted a deliberate strategy of limiting the grounds of appeal to avoid seeking a certificate from the High Court under section 74 of the Constitution.
caption: Ben Chifley (centre) with HV Evatt (left) and Clement Attlee (right) at the Dominion and British Leaders Conference, London, 1946
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