Cunningham & Ors v Commonwealth of Australia & AnorCitation:[2016] HCA 39Before:French CJ, Kiefel, Bell, Gageler, Keane, Nettle, Gordon JJDate:12 Oct 2016Case Number:S140/2016Read more
The amendments and determinations did not constitute an acquisition of property otherwise than on just terms within the meaning of s 51(xxxi) of the Constitution, as the entitlements were inherently liable to variation by Parliament.
- Parties
- Applicant: Applicant; Respondent: Respondent
- Jurisdiction
- Australia
- Judgment Date
- 12 October 2016
- Procedural Posture
- Constitutional Law / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Acquisition of Property on Just Terms, Legislative Power, Parliamentary Entitlements
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Respondent
Respondent
Procedural Posture
Constitutional Law / Judgment
Legal Issues
- 1 Whether amendments to Parliamentary Contributory Superannuation Act 1948 (Cth), Remuneration Tribunal Act 1973 (Cth), and Members of Parliament (Life Gold Pass) Act 2002 (Cth) constitute or authorise acquisition of property otherwise than on just terms within meaning of s 51(xxxi) of Constitution
Ratio Decidendi
The amendments and determinations did not constitute an acquisition of property otherwise than on just terms within the meaning of s 51(xxxi) of the Constitution, as the entitlements were inherently liable to variation by Parliament.
Court Disposition
Application dismissed
Orders
- Application dismissed
Full Case Text
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