The Lord Mayor, Councillors and Citizens of the City of Melbourne v The Commonwealth and Another
Decided
13 August 1947
Citation(s)
[1947] HCA 26, (1947) 74 CLR 31
Court membership
Judge(s) sitting
Latham CJ, Rich, Starke, Dixon, McTiernan, Williams JJ
Case opinions
(5:1) Any Commonwealth law that is otherwise valid under a head of power in s51 or some other part of the Constitution will be invalid if it denies the existence or ability of a State to govern itself or the federal structure of the Commonwealth or singles out any one State
Melbourne Corporation v Commonwealth, also known as the Melbourne Corporation case or the State banking case,[1] is an important case in Australian constitutional law. It stands for the proposition that there are limits on the scope of express Commonwealth legislative powers which can be implied from the federal character of the Constitution.
^Melbourne Corporation v Commonwealth [1947] HCA 26, (1947) 74 CLR 31 (13 August 1947), High Court (Australia).
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