Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Alcock v Commonwealth of Australia [2012] FCA 524 Citation: Alcock v Commonwealth of Australia [2012] FCA 524
Parties: ROBERT JAMES ALCOCK v COMMONWEALTH OF AUSTRALIA and STATE OF VICTORIA
File number: VID 435 of 2008
Judge: TRACEY J
Date of judgment: 24 May 2012
Catchwords: CONSTITUTIONAL LAW – questions for separate determination – abalone fishing license – property rights in – whether relevant Commonwealth and State Acts impair constitutional guarantee – no impairment – no question of compensation arises – no inconsistency between Acts for the purposes of s 109 of Constitution – therefore no invalidity of any part of Acts – no misleading or deceptive conduct in trade or commerce by Commonwealth – State legislation does not impair or interfere with applicant's property rights
Legislation: Coastal Waters (State Powers) Act 1980 (Cth) ss 3, 5 Coastal Waters (State Title) Act 1980 (Cth) s 4 Constitution ss 51, 109, 123 Fair Trading act 1999 (Vic) Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O 29 Fisheries Act 1995 (Vic) ss 3, 5, 38, 51, 52, 54, 56, 57, 58, 165, Pt 10 Fisheries Management Act 1991 (Cth) National Parks (Marine National Parks and Marine Sanctuaries) Act 2002 (Vic) s 45A National Parks Act 1975 (Vic) Offshore Constitutional Settlement (1979) Seas and Submerged Lands Act 1973 (Cth) s 16, Pt II
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