Victoria v The Commonwealth [1975] HCA 52

High Court of Australia Barwick C.J. McTiernan, Gibbs, Stephen, Mason, Jacobs and Murphy JJ. Victoria v The Commonwealth [1975] HCA 52

ORDER Plaintiffs' demurrer overruled. Action dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Barwick C.J., McTiernan, Gibbs, Stephen, Mason, Jacobs and Murphy JJ.

On 17th October 1975 the Court announced that the plaintiffs' demurrer was overruled and the action, dismissed with costs, and that the Court would publish its reasons at a later date.

Oct. 29 Barwick C.J.

The State of Victoria and its Attorney-General in this action, commenced in this Court, challenge the validity of an appropriation of $5,970,000 of the Consolidated Revenue Fund of the Commonwealth of Australia by the Appropriation Act (No. 1) 1974-1975 ("the Act"), and seek to restrain the Commonwealth and the Minister for Social Services from expending any of that amount of money for the purposes of what the schedule to the Act designates as "The Australian Assistance Plan". The defendants, the Commonwealth and the Minister, by their defence have asserted the validity of the Act and of the Australian Assistance Plan upon a number of grounds, and they submit that neither the State of Victoria nor its Attorney-General have any or any sufficient standing to commence or prosecute the action.

To the whole of the statement of defence, apart from joining issue on its assertions other than such as are admissions of fact, the plaintiffs demurred on the grounds that it contains no defence to the statement of claim: that its assertions do not establish that the disbursement of part of the said sum for Regional Councils for Social Development under the Australian Assistance Plan, whether in the past or in the future, was or is authorized by any or any valid law of the Commonwealth.