State legislative power and the Constitution: Mineralogy Pty Ltd v Western Australia [2021] HCA 30; Palmer v Western Australia [2021] HCA 31

12/11/2021

The AACL is delighted to welcome Stephen Free SC and Professor Rosalind Dixon to present on the recent cases of Mineralogy Pty Ltd v Western Australia [2021] HCA 30 and Palmer v Western Australia [2021] HCA 31. We are also honoured that the Hon Justice Angus Stewart will chair the event.

Chair: The Hon Justice Angus Stewart, Federal Court of Australia

Speakers: Stephen Free SC, NSW Bar & Professor Rosalind Dixon, UNSW Law

In the Mineralogy cases, the High Court unanimously dismissed the plaintiffs’ challenges to certain provisions of a Western Australian statute. The effect of the provisions was to extinguish the plaintiffs’ contractual rights under an agreement with the State of Western Australia, including by nullifying arbitral awards made in the plaintiffs’ favour. The provisions also limited review rights, denied freedom of information, and excluded proceedings for discovery and inspection of documents. The plaintiffs challenged the provisions on grounds including that they failed to comply with the Australia Act 1986 (Cth), were incompatible with Chapter III of the Constitution and were contrary to the rule of law.

Date: Monday, 15 November 2021

Time: 5.30–6.30pm

Venue: Court 1, Level 21, Federal Court of Australia, Queens Square, Sydney

Note: The event will be broadcast via MS Teams for those unable to attend in person

Registration: Is Essential. Please note that Court 1 has an in-person capacity of 68. Any registrations after capacity limits have been reached will be directed to the MS Teams broadcast of the event.

Please click here to register to attend in-person.

Please click here to register to attend online.

Please also note the following COVID-safe requirements for all attendees of the Federal Court: • Prior registration is essential • You must be double vaccinated • There will be QR check-in upon arrival • Hand sanitiser is to be used before entering the court • Masks must be worn at all times (speakers are exempted) • If you are unwell, you must not attend

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