| Austin v Commonwealth | |
|---|---|
 | |
| Court | High Court of Australia |
| Full case name | Austin v The Commonwealth of Australia |
| Decided | 5 February 2003 |
| Citations | [2003] HCA 3, (2003) 215 CLR 185 |
| Court membership | |
| Judges sitting | Gleeson CJ, Gaudron, McHugh, Gummow, Kirby and Hayne JJ |
| Case opinions | |
| (5:1) Confirmed one-limbed Melbourne Corporation principle that there are limits to the Commonwealth's ability to control the states. Commonwealth provisions cannot burden a state's structural integrity - its ability to exist or carry out its essential functions (per Gleeson CJ, Gaudron, Gummow, Kirby and Hayne JJ) (4:2) The Commonwealth imposition of a superannuation tax surcharge on judges was invalid. (per Gleeson CJ, Gaudron, Gummow and Hayne JJ) | |
Austin v Commonwealth,[1] is a High Court of Australia case that deals with issues of intergovernmental immunity and discrimination of states against Commonwealth power.
- ^ Austin v Commonwealth [2003] HCA 3, (2003) 215 CLR 185 (5 February 2003), High Court (Australia).