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Cardinia Shire Council v Kraan

Cardinia Shire Council v Kraan

Case [2017] VMC 18

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AGLC: Cardinia Shire Council v Kraan [2017] VMC 18
Case: [2017] VMC 18
Decision Date: 13 JULY 2017

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Cardinia Shire Council v Kraan [2017] VMC 18

Cases Citing This Decision

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Statutory Material Cited

McMillan and McMillan [2019] FamCA 928
Citation 1

…[17] (2000) 201 CLR 488 at paragraph 11, cited at paragraph 76 of Kuek v Phillips .…
Glew v Shire of Greenough [2006] WASCA 260
Citation 2

…referenda, section 109 of the Constitution and why it is possible for both Federal and State Governments to pass laws dealing with taxation. [10] [2006] WASCA 260, at paragraphs 6-14. “Australian constitutional structure 6 The Commonwealth Constitution is binding on all Courts and Parliaments throughout the country…
Kable v Director of Public Prosecutions (NSW) [1996] HCA 24
Citation 3

…[13] (1996) 189 CLR 51.…
Union Steamship Co of Australia Pty Ltd v King [1988] HCA 55
Citation 4

…and plenary power on the States to legislate for any matter having a connection with the State ( Union Steamship Co of Australia Pty Ltd v King (1988) 166 CLR 1). The State can make any "fact, circumstance, occurrence or thing" in or connected with the State a subject of legislation ( Broken Hill South Ltd (Public…
South Australia v The Commonwealth [1942] HCA 14
Citation 5

…ject matter. This was the effect achieved in relation to income tax in a case to which the appellants refer, South Australia v The Commonwealth (1942) 65 CLR 373. In other areas of taxation, where the Commonwealth has not (Page 6) legislated, it remains both politically and practically possible for the States to imp…
Federal Commissioner of Taxation v Broken Hill South Ltd [1941] HCA 33
Citation 6

…or connected with the State a subject of legislation ( Broken Hill South Ltd (Public Officer) v The Commissioner of Taxation (New South Wales) (1937) 56 CLR 337, at 375 per Dixon J). 10 That broad legislative power in the State Constitution is qualified in only three ways. First, as I have noted, in some very limit…
Kuek v Phillips [2017] VSC 332
Citation 7

…[16] [2017] VSC 332, paragraphs 60 ff.…
Moyle v County Court of Victoria [2006] VSC 87
Citation 8 (Para 3)

…The Supreme Court of Victoria in Moyle v County Court of Victoria [3] states in respect of section 116: [3] [2006] VSC 87, paragraph 9, per Bonjiorno J (citations omitted). “Section 116 of the Constitution , which was derived from a similar provision in the U.S. Constitution, is headed: "Commonwealth Not to Legi…
National Australia Bank v Walter [2004] VSC 36
Citation 9

…. For the avoidance of doubt the Supreme Court of Victoria has recognised the validity of the Victorian Constitution.[6] [6] See NAB v Walter [2004] VSC 36, paragraph 275. 18.Mr Kraan’s submission appears to be that:…

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