Attorney-General (NSW) v Trethowan

In the case of Attorney-General (NSW) v Trethowan, the parties involved were the Attorney-General for the State of New South Wales, members of the Legislative Council, and several Ministers of the Crown. The dispute centred around the validity of Bills passed by both Houses of the New South Wales Parliament, which sought to abolish the Legislative Council and repeal certain sections of the Constitution Act 1902. The issue before the court was whether the New South Wales Legislature had the power to alter the constitution or powers of the Legislative Council without first submitting the relevant Bills to a referendum. The legal issues included the interpretation of sections 4 and 5 of the Constitution Statute of 1855, section 5 of the Colonial Laws Validity Act 1865, and section 7A of the Constitution Act 1902. The court held that the Legislature of New South Wales had no power to repeal section 7A or to abolish the Legislative Council except in the manner provided by that section. Consequently, the two Bills in question could not be lawfully presented to the Governor for royal assent until they had been approved by the electors in accordance with section 7A. The final orders affirmed the decision of the High Court, declaring that the Bills could not be presented to the Governor for royal assent until they had been approved by the electors in a prescribed manner.