Tunnock v Victoria

The High Court of Australia considered a dispute between Tunnock and the State of Victoria concerning the compulsory acquisition of land under a soldier settlement scheme. The case involved the operation of the *War Service Land Settlement Agreements Act 1945* (Cth) and its interaction with Victorian legislation.

The central legal issue before the Court was whether the *War Service Land Settlement Agreements Act 1945* (Cth) was valid and, if not, what the effect of its invalidity was on the operation of the relevant Victorian Act in relation to the compulsory acquisition of Tunnock's land.

The Court determined that the Commonwealth Act was invalid. Consequently, the scheme for soldier settlement, which relied on the Commonwealth legislation, could not operate as intended. The Court's reasoning focused on the constitutional limitations on Commonwealth legislative power in relation to land acquisition for such schemes.

As a result of the invalidity of the Commonwealth Act, the compulsory acquisition of Tunnock's land under the State Act could not proceed as it was inextricably linked to the invalid federal scheme.