Yougarla v Western Australia [2001] HCA 47

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

CROW YOUGARLA & ORS APPELLANTS

AND

THE STATE OF WESTERN AUSTRALIA & ANOR RESPONDENTS

Yougarla v Western Australia [2001] HCA 47

9 August 2001

P60/2000

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Western Australia

Representation:

D F Jackson QC with S C Churches and P W Johnston for the appellants (instructed by Dwyer Durack)

R J Meadows QC, Solicitor-General for the State of Western Australia with G R Donaldson and J A Thomson for the respondents (instructed by Crown Solicitor for the State of Western Australia)

Intervener:

H C Burmester QC with G M Aitken intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Yougarla v Western Australia

Constitutional law (WA) – Imperial manner and form requirements respecting State legislation – Section 70 of the Constitution Act 1889 (WA) provided for the issue of annual sums to Aborigines Protection Board for the welfare of "the aboriginal natives" – Whether provision still in force – Whether repeal by Aborigines Act 1905 (WA) effective – Tabling requirement under s 32 of The Australian Constitutions Act 1850 (Imp) in respect of certain WA bills – Requirement not complied with – Whether compliance with requirement necessary to validly repeal s 70 of the Constitution Act 1889 (WA).

Constitutional law (Cth) – Constitution of State of the Commonwealth – Whether provision in Constitution s 106 excludes construing application of Imperial manner and form requirements for amending State Constitution after federation – Whether compliance justiciable.