Graham & Ors v State of Queensland

The applicants, Graham and others, sought leave to appeal against a decision of the Full Court of the Supreme Court of Queensland. The dispute concerned the validity of certain regulations made under the *Land Act 1962* (Qld) and their retrospective application to affect the rights of the applicants, who were lessees of land. The matter came before Gaudron J in chambers.

The primary legal issue before Gaudron J was whether the regulations, which purported to retrospectively alter the terms of the applicants' leases, were valid and effective. This involved considering the scope of the power to make regulations under the *Land Act 1962* and whether that power extended to the retrospective alteration of existing contractual rights conferred by leases.

Gaudron J considered the principles of statutory interpretation, particularly in relation to retrospective legislation and its impact on vested rights. Her Honour noted that while Parliament could legislate retrospectively, such an intention must be clearly expressed. In this instance, Gaudron J found that the *Land Act 1962* did not confer a power to make regulations that would retrospectively vary the terms of existing leases in a manner that prejudiced the lessees. Accordingly, the regulations were held to be invalid in their retrospective operation.