New South Wales v Commonwealth (1990)

This article is about the Incorporation case. For the Wheat or Inter-State Commission case, see New South Wales v Commonwealth (1915). For the WorkChoices case, see New South Wales v Commonwealth (2006).

New South Wales v Commonwealth
CourtHigh Court of Australia
Full case nameNew South Wales, South Australia and Western Australia v The Commonwealth of Australia
Decided8 February 1990
Citations(1990) 169 CLR 482;
[1990] HCA 2;
(1990) 90 ALR 335
Court membership
Judges sittingMason CJ, Brennan, Deane, Dawson, Toohey, Gaudron & McHugh JJ
Case opinions
(6:1) Section 51(xx) of the Constitution does not permit the Commonwealth to make a law for the incorporation of trading or financial corporations nor does it permit the Commonwealth to prohibit the states from making laws with respect to the incorporation of companies. (per Mason CJ, Brennan, Dawson, Toohey, Gaudron & McHugh JJ; Deane J dissenting)

New South Wales v The Commonwealth, the Incorporation Case,[1] was a decision handed down in the High Court of Australia on 8 February 1990 concerning the corporations power in s51(xx) of the Commonwealth Constitution. The states of New South Wales, South Australia and Western Australia brought an application seeking a declaration as to the validity of certain aspects of the Corporations Act 1989 (Cth).

  1. ^ NSW v Commonwealth [1990] HCA 2, (1990) 169 CLR 482.