Bank of New South Wales v Commonwealth
Key Principle
Struck down the Banking Act 1947 provisions for nationalisation of private banks, partly on the basis of s 92 freedom of interstate trade
The High Court invalidated provisions of the Banking Act 1947 that sought to nationalise the private banking sector, finding that the compulsory acquisition of banking businesses violated s 92 of the Constitution (freedom of interstate trade and commerce). The decision was a significant limitation on Commonwealth economic power and demonstrated the potency of s 92 as a constitutional constraint during this era.