New South Wales v Commonwealth (1915)

This article is about the Wheat or Inter-State Commission case. For the Incorporation case, see New South Wales v Commonwealth (1990). For the WorkChoices case, see New South Wales v Commonwealth (2006).
New South Wales v Commonwealth
CourtHigh Court of Australia
Decided23 March 1915
Citations[1915] HCA 17, (1915) 20 CLR 54
Case history
Prior actionCommonwealth v NSW (Inter-State Commission 22 February 1915)
Court membership
Judges sittingGriffith CJ, Barton, Isaacs, Gavan Duffy, Powers and Rich JJ
Case opinions
(4:2) The Constitution separated the legislative, executive and judicial functions of Government. The Inter-State Commission was part of the executive function and could not exercise judicial power.
(per Griffith CJ, Isaacs, Powers & Rich JJ)
(Barton & Gavan Duffy JJ dissenting) (6:0) Freedom of interstate trade is not infringed if there is no differentiation arising by reason of interstate trade.
(per Griffith CJ, Barton, Isaacs, Gavan Duffy, Powers & Rich JJ)

New South Wales v Commonwealth,[1] commonly known as the Wheat case,[2] or more recently as the Inter-State Commission case,[3] is a landmark Australian judgment of the High Court made in 1915 regarding judicial separation of power. It was also a leading case on the freedom of interstate trade and commerce that is guaranteed by section 92 of the Constitution.[4]

  1. ^ New South Wales v Commonwealth (Wheat case) [1915] HCA 17, (1915) 20 CLR 54.
  2. ^ Duncan v Queensland [1916] HCA 67, (1916) 22 CLR 556 at 581.
  3. ^ Williams v Commonwealth [2012] HCA 23, (2012) 248 CLR 156 at [55].
  4. ^ Commonwealth of Australia Constitution, section 92.