South Australia v Totani
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South Australia v Totani[1] is a landmark Australian judgment of the High Court concerning the extent to which the legislative power of an Australian State is limited by the separation of powers in the Commonwealth Constitution. The High Court held that the legislative power of a State does not extend to enacting a law which deprives a court of the State of one of its defining characteristics as a court or impairs one or more of those characteristics.[1]
Quick Facts South Australia v Totani, Court ...
South Australia v Totani | |
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Court | High Court of Australia |
Decided | 11 November 2010 |
Citation(s) | [2010] HCA 39, (2010) 242 CLR 1 |
Case history | |
Prior action(s) | Totani v South Australia [2009] SASC 301, (2009) 105 SASR 244 |
Case opinions | |
Majority | French CJ, Gummow, Hayne, Crennan, Kiefel and Bell JJ (6:1) s 14(1) of the Serious and Organised Crime (Control) Act 2008 (SA) and a control order made under it was constitutionally invalid. |
Dissent | Heydon J |
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