LLB203 Study Guide - Final Guide: Commonwealth V Tasmania, Huddart Parker, Workchoices
SCOPE OF THE CORPORATIONS POWER
Evolution of authority
Through a series of cases, court steadily expanded corporations power:
The broad potential scope was limited by the Court’s invention of the ‘reserved
powers’ doctrine; in fact, the corporations power was the chief ‘victim’
Huddart Parker v Moorehead
It was subsequently held that the power at least extended to the regulation of the
trading and financial activities of trading and financial corporations, which gave
confidence to implement Trade Practices Act
Strickland v Rocla Concrete Pipes Ltd
Then, the scope was extended to the protection of the trading
activities of trading corporations
Actors & Announcers Equity Association of Australia v Fontana
Films
Over the next 20 years it was observed to that the power should indeed extend to
matters mentioned in Huddart Parker
Tasmanian Dam case; R v The Judges of the Australian Industrial Court; Ex
parte CLM Holdings Pty Ltd; Re Dingjan; Ex Parte Wagner; Workchoices case
Current scope of the corporations power
Scope of s 51(xx) extends to regulation of the activities, functions, relationships and the
business of a corporation, the creation of rights, and privileges belonging to such a
corporation, the imposition of obligation and to the regulation of the conduct of those whom
it acts and those whose conduct is affected by its activities, functions, relationships or
business
Workchoices case
FACTS: after achieving control of the Senate, the Howard Government introduced
sweeping reforms of the industrial relations system, known as Workchoices. The
Workchoices legislation was enacted on the footing that the Commonwealth
Government had constitutional power under s 51(xx) to regulate the industrial
relations activities of s 51(xx) corporations.
HELD: the Workchoices legislation was supported by s 51(xx) and that the legislative
power conferred by s 51(xx) “extends to laws prescribing the industrial rights and
obligations of corporations and their employees and the means by which they are to
conduct their industrial relations”.
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Document Summary
Through a series of cases, court steadily expanded corporations power: The broad potential scope was limited by the court"s invention of the reserved powers" doctrine; in fact, the corporations power was the chief victim". It was subsequently held that the power at least extended to the regulation of the trading and financial activities of trading and financial corporations, which gave confidence to implement trade practices act. Then, the scope was extended to the protection of the trading activities of trading corporations. Actors & announcers equity association of australia v fontana. Over the next 20 years it was observed to that the power should indeed extend to matters mentioned in huddart parker. Tasmanian dam case; r v the judges of the australian industrial court; ex parte clm holdings pty ltd; re dingjan; ex parte wagner; workchoices case. Facts: after achieving control of the senate, the howard government introduced sweeping reforms of the industrial relations system, known as workchoices.
