Constitutional cases page 2 of 2

15 articles are classified in All Articles > Legal > Constitutional cases


Federal Government defends corporations power reach in High Court

The Federal Government has told the High Court that the Queensland Government's argument against a union challenge to legislation removing Queensland Rail workers from the federal IR system would thwart the operation of the Constitution's corporations power.

AWU fails in constitutional challenge over redundancy consultation

A Fair Work Commission full bench has ruled that Fair Work Act provisions requiring state governments to consult with unions over proposed redundancies are unconstitutional, rejecting the AWU's attempt to distinguish a similar High Court finding.

Newman to push High Court to adopt new test for trading corporation

The Queensland Government has foreshadowed that it will argue for a new test for what constitutes a trading corporation, when the High Court later this year hears a union bid to ensure Queensland Rail workers remain covered by the Fair Work Act despite the state government's de-corporatisation of the rail authority.


Public servant fights for her right to Tweet

The Federal Circuit Court has ruled that there is no unfettered right to freedom of political expression in dismissing a federal public servant's application for a declaration that any finding that she had breached the APS code of conduct for tweeting her opinions would breach her implied constitutional rights.