State Legislative Power and the Constitution

Monday, 15 November, 2021 - 17:30 to 18:30

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

About this event

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


- Stephen Free SC, NSW Bar

- Professor Rosalind Dixon, UNSW Law

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.

In the Mineralogy cases, the High Court unanimously dismissed the plaintiffs’ respective 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, amongst other things. 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: The event will be broadcast via MS Teams.

Registration: Essential.

We look forward to welcoming you on the evening.