LEASK v COMMONWEALTH OF AUSTRALIA

Judges: Brennan CJ
Dawson J
Toohey J

Gaudron J
McHugh J
Gummow J
Kirby J

Court:
Full High Court

Judgment date: 5 November 1996

Gaudron J

I agree with Toohey J that the concept of proportionality has no part to play in this appeal. As others have expressed their views with respect to proportionality, it is appropriate that I state my adherence to what I said in Nationwide News Pty Ltd v Wills , [132] (1992) 177 CLR 1 at 93-94. namely, that it is one of several considerations that may be taken into account in determining purpose, whenever that is in issue and for whatever reason, and, also, in determining whether a law is relevantly connected with a particular subject or with a head of constitutional power.

Proportionality aside, I agree with the judgment of Toohey J and his proposed answer to the question reserved.

Footnotes

[132] (1992) 177 CLR 1 at 93-94.

 

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.