Australian Constitution

1999

Re Wakim; Ex parte McNally

High Court of Australia(1999) 198 CLR 511

Key Principle

State Parliaments cannot confer State jurisdiction on federal courts; the cooperative cross-vesting scheme was partially invalid

The Court held that Chapter III of the Constitution exhaustively defines the jurisdiction that federal courts may exercise, and that State Parliaments cannot confer State jurisdiction on federal courts. This invalidated key parts of the national cross-vesting scheme that had been operating cooperatively since 1987. The decision demonstrated the rigid limits of Chapter III and that cooperative federalism cannot supply constitutional power that does not exist.

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