State Law and Order Regimes and The High Court: Past, Present and Future

Wednesday, 23 October, 2013 - 16:30 to 17:30
New South Wales

Paper presented by Dr Gabrielle Appleby (Adelaide Law School):

One of the key bastions of State jurisdiction in the Federation remains law and order. However, like the States' legislative competence, this arena has come under increasing threat of harmonisation and unification by the High Court. Through the Kable principle, the High Court has been able to impose what are now very real limits on State responses to local law and order issues, stifling much government innovation in this arena. By reference to the reinvigoration of the Kable principle in the cases of International Finance Trust Co v New South Wales Crime Commission, South Australia v Totani, and Wainohu v New South Wales, and the current challenge on foot to the Criminal Organisations Act 2009 (Qld) (Condon v Pompano Pty Ltd), this paper maps the trajectory of the Kable principle as it relates to the limits on the use of State courts in law and order regimes.

Commentators:  Mr Bret Walker SC (St James Hall Chambers) and

Mr Nicholas Cowdery AM QC (University of NSW)

Chair:               The Hon Justice Margaret Beazley AO (President, New South Wales Court of Appeal)


Federal Court, Queens Square, Sydney, Court 18B, 5:30 pm


Please see: the first attachment. Print out and bring along — copies are not distributed on the night.