Bank Nationalisation Case: Difference between revisions
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{{Short description| |
{{Short description|Judgment of the High Court of Australia}} |
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{{Use Australian English|date=November 2017}} |
{{Use Australian English|date=November 2017}} |
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{{Use dmy dates|date=November 2017}} |
{{Use dmy dates|date=November 2017}} |
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{{Infobox court case |
{{Infobox court case |
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| name = Bank of New South Wales v Commonwealth{{Refn|Full case name of the five actions of the case: ''Bank of New South Wales and others and The Commonwealth and others''; ''Bank of Australasia and others and The Commonwealth and others''; ''State of Victoria and another and The Commonwealth and others''; ''State of South Australia and another and The Commonwealth and others''; ''State of Western Australia and another and The Commonwealth and others''.}} |
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| court=[[High Court of Australia]] |
| court = [[High Court of Australia]] |
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| image=Coat of Arms of Australia.svg |
| image = Coat of Arms of Australia.svg |
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| date decided= |
| date decided = {{start date|df=y|1948|08|11}} |
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| full name= Bank of NSW & ors;<br />Bank of Australasia & ors;<br />Victoria;<br />South Australia; and<br />Western Australia<br />('''Plaintiffs''')<br />v<br />Commonwealth;<br />Treasurer of Australia; and<br />Commonwealth Bank<br />('''Defendants''') |
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| judges = {{Plainlist| |
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* Chief Justice [[John Latham (judge)|John Latham]] |
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| judges= [[John Latham (judge)|Latham]] [[Chief Justice of Australia|CJ]], [[George Rich|Rich]], [[Hayden Starke|Starke]], [[Owen Dixon|Dixon]], [[Edward McTiernan|McTiernan]] and [[Dudley Williams (judge)|Williams]] [[Justices|JJ]] |
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* Justice [[George Rich]] |
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* Justice [[Hayden Starke]] |
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* Justice [[Owen Dixon]] |
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| opinions= Nationalisation of private banking amounts to a violation of an individual right to engage in particular types of trading and commercial activity under s 92. |
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* Justice [[Edward McTiernan]] |
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Failure to provide for the provision of interest on compensation meant the acquisition of bank shares and business was not made on "just terms". |
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* Justice [[Dudley Williams (judge)|Dudley Williams]] |
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}} |
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| number of judges = 6 |
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| appealed to = [[Judicial Committee of the Privy Council|Privy Council]] ([[#Privy Council decision|''see below'']]) |
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| opinions = The ''Banking Act 1947'' was beyond the power of the [[Commonwealth Parliament]] as: |
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* it involved compulsory acquisition that was not "on just terms", as required under [[Section 51(xxxi) of the Australian Constitution|section 51(xxxi) of the Constitution]] (per each member of the Court) |
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* it violated the requirement that trade and commerce "shall be absolutely free", as required under [[Section 92 of the Constitution of Australia|section 92 of the Constitution]], which is to be understood as a right of persons to trade freely inter-state (per Rich, Starke, Dixon and Williams)<ref>{{Cite book |last=Johnston |first=Peter |title=Australian Constitutional Landmarks |date=2003 |publisher=Cambridge University Press |isbn=978-0-521-83158-1 |editor-last=Lee |editor-first=H P |location=Cambridge ; New York |pages=95–6 |language=en |chapter=The Bank Nationalisation Cases: The Defeat of Labor’s Most Controversial Economic Initiative |editor-last2=Winterton |editor-first2=George}}</ref> |
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}} |
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'''''Bank of New South Wales v |
The '''''Bank Nationalisation Case''''', also called '''''Bank of New South Wales v Commonwealth''''' (1948) 76 [[Commonwealth Law Reports|CLR]] 1, is a 1948 decision of the [[High Court of Australia]]<ref name="76 CLR 1">{{cite AustLII|HCA|7|1948|litigants=Bank of New South Wales v Commonwealth |parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1948/7.pdf (1948) 76 {{abbr|CLR|Commonwealth Law Reports}} 1] |courtname=auto |date=11 August 1948}}.</ref> (upheld [[#Privy Council decision|on appeal to the Privy Council]]) that invalidated [[Chifley government|Chiefley government]] legislation that attempted to [[nationalise]] the [[Private sector|private]] banking sector. Separate majorities held that the legislation breached three different provisions of the [[Constitution of Australia|Constitution]]: [[Section 92 of the Constitution of Australia|section 92]] (requiring trade and commerce between the states to be "absolutely free"), [[Section 51(xxxi) of the Australian Constitution|section 51(xxxi)]] (requiring compulsory acquisition of property to be "on just terms") and [[Section 75 of the Constitution of Australia|section 75(iii)]] (which grants the High Court original jurisdiction in cases where the Commonwealth is sued). |
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A subsequent appeal application by the Commonwealth to the [[Judicial Committee of the Privy Council|Privy Council]] was dismissed on jurisdictional grounds. The Board held that the case involved potential questions around the limits of the powers between the Commonwealth and the states and hence they were precluded from hearing the case under [[Section 74 of the Constitution of Australia|section 74 of the Constitution]]. However, the Board did affirm that the legislation breached section 92 of the Constitution, thus endorsing the individual right interpretation of the section. Additionally, the Board formulated its own test for when section 92 would be breached. This test was adopted and applied by the High Court until 1988, where in the case of ''[[Cole v Whitfield]]'' the section was reinterpreted as a prohibition on protectionist legislation. |
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The case rendered a key pillar of [[Australian Labor Party|Labor]]'s economic policy unworkable and possibly was influential in the [[1949 Australian federal election|eventual defeat of the government in 1949]]. Labor remained in opposition for 23 years and with nationalisation no longer an option, the party moved towards less direct methods to achieve its social and economic goals. The use of tied grants to the states ([[Section 65 of the Constitution of Australia|section 65]]) and the external affairs power ([[Section 51(xxix) of the Constitution of Australia|section 51(xxix)]]) were later utilised by governments, beginning with the [[Whitlam government]] in 1972. |
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==Background== |
==Background== |
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Comfortable in government after two strong election wins, the [[Australian Labor Party|Labor]] government of [[Ben Chifley]] announced in 1947 its intention to [[Nationalization|nationalise]] private banks in Australia. To accomplish this goal the Parliament passed the ''[[Banking Act 1947]]''.<ref>{{cite Legislation AU|Cth|num_act|ba194757o1947118|Banking Act 1947}}.</ref> Under the Act, shares in the private banks would be owned by the [[Commonwealth Bank of Australia]], which in turn would be owned by the [[Government of Australia#Federal Government|Federal Government]].<ref>{{cite hansard |jurisdiction=Commonwealth of Australia |house=House of Representatives |date=15 October 1947 |pages=804–5, 808 |speaker=Ben Chifley |position=Prime Minister |url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22hansard80%2Fhansardr80%2F1947-10-15%2F0093%22 |title=Banking Bill 1947: Second Reading}}.</ref> The proposal was controversial, and the [[Constitutionality|constitutional validity]] of the law was challenged by a number of banks, including the [[Westpac|Bank of New South Wales]], as well as the non-[[Australian Labor Party|Labor]] states of Victoria, South Australia and Western Australia.<ref name="Hull_centenary"/> The banks were represented by a formidable legal team,<ref name="Hull_centenary"/> with the Australian incorporated banks represented by [[Garfield Barwick]] {{post-nominals|country=AUS|KC}},<ref name="76 CLR 1"/>{{rp|at p. 7}} who would later become the Chief Justice, and the United Kingdom incorporated banks represented by [[Frank |
Comfortable in government after two strong election wins, the [[Australian Labor Party|Labor]] government of [[Ben Chifley]] announced in 1947 its intention to [[Nationalization|nationalise]] private banks in Australia. To accomplish this goal the Parliament passed the ''[[Banking Act 1947]]''.<ref>{{cite Legislation AU|Cth|num_act|ba194757o1947118|Banking Act 1947}}.</ref> Under the Act, shares in the private banks would be owned by the [[Commonwealth Bank of Australia]], which in turn would be owned by the [[Government of Australia#Federal Government|Federal Government]].<ref>{{cite hansard |jurisdiction=Commonwealth of Australia |house=House of Representatives |date=15 October 1947 |pages=804–5, 808 |speaker=Ben Chifley |position=Prime Minister |url=http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id%3A%22hansard80%2Fhansardr80%2F1947-10-15%2F0093%22 |title=Banking Bill 1947: Second Reading}}.</ref> The proposal was controversial, and the [[Constitutionality|constitutional validity]] of the law was challenged by a number of banks, including the [[Westpac|Bank of New South Wales]], as well as the non-[[Australian Labor Party|Labor]] states of Victoria, South Australia and Western Australia.<ref name="Hull_centenary"/> The banks were represented by a formidable legal team,<ref name="Hull_centenary"/> with the Australian incorporated banks represented by [[Garfield Barwick]] {{post-nominals|country=AUS|KC}},<ref name="76 CLR 1"/>{{rp|at p. 7}} who would later become the Chief Justice, and the United Kingdom incorporated banks represented by [[Frank Kitto]] {{post-nominals|country=AUS|KC}},<ref name="76 CLR 1"/>{{rp|at p. 37}} who would later be appointed to the High Court, while the Commonwealth was represented by the former High Court judge [[H. V. Evatt]] {{post-nominals|country=AUS|KC}}.<ref name="76 CLR 1"/>{{rp|at p. 49}} |
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==High Court decision== |
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==Decision== |
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The Court hearing lasted for a record 39 days.<ref name="Hull_centenary">{{cite book | author=Hull |
The Court hearing lasted for a record 39 days.<ref name="Hull_centenary">{{cite book | author=Hull|first= Crispin | chapter= Major Cases |title=The High Court of Australia: Celebrating the Centenary 1903–2003 | publisher=Lawbook Co. | year=2003|isbn=0-455-21947-8 |url=http://www.crispinhull.com.au/high-court-book/chapter-two-major-cases-1/}}</ref> The summary of the parties arguments occupies 143 pages of the Commonwealth Law Report.<ref name="76 CLR 1"/>{{rp|at pp. 7–149}} A number of arguments were put to the Court, most of which were rejected. |
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However the Court declared the law invalid on four grounds, albeit by different majority of judges:<ref name="Hull_centenary"/> |
However the Court declared the law invalid on four grounds, albeit by different majority of judges:<ref name="Hull_centenary"/> |
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*Section 92 of the Constitution,<ref name="s92"/> in providing that "trade, commerce, and intercourse among the States ... shall be absolutely free." conferred a positive right on the banks to engage in the business of interstate banking.<ref name="76 CLR 1"/>{{rp|at pp. 388}} |
*Section 92 of the Constitution,<ref name="s92">{{cite Legislation AU|Cth|act|coaca430|Constitution|92}} Trade within the Commonwealth to be free.</ref> in providing that "trade, commerce, and intercourse among the States ... shall be absolutely free." conferred a positive right on the banks to engage in the business of interstate banking.<ref name="76 CLR 1"/>{{rp|at pp. 388}} |
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*it involved the acquisition of property that was not "on just terms, contrary to section 51(xxxi) of the Constitution.<ref name="s51(xxxi)"/> The problem with acquisition arose out of the Act's sections detailing the appointment of new directors for all private banks with the power to control, manage, direct and dispose of assets of those banks. Dixon J held that this was a "circuitous device to acquire indirectly the substance of proprietary interest."<ref name="76 CLR 1"/>{{rp|at pp. 349}} |
*it involved the acquisition of property that was not "on just terms, contrary to section 51(xxxi) of the Constitution.<ref name="s51(xxxi)">{{cite Legislation AU|Cth|act|coaca430|Constitution|51}}(xxxi) "The Parliament shall, subject to this Constitution, have power to make laws for ... the acquisition of property on just terms ...".</ref> The problem with acquisition arose out of the Act's sections detailing the appointment of new directors for all private banks with the power to control, manage, direct and dispose of assets of those banks. Dixon J held that this was a "circuitous device to acquire indirectly the substance of proprietary interest."<ref name="76 CLR 1"/>{{rp|at pp. 349}} |
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*The Act, in setting up a "Court of Claims", invalidly attempted to oust the [[section 75 of the Constitution of Australia|original jurisdiction of the High Court]].<ref name="s75">{{cite Legislation AU|Cth|act|coaca430|Constitution|75}} Original jurisdiction of High Court.</ref><ref name="76 CLR 1"/>{{rp|at pp. 368}} |
*The Act, in setting up a "Court of Claims", invalidly attempted to oust the [[section 75 of the Constitution of Australia|original jurisdiction of the High Court]].<ref name="s75">{{cite Legislation AU|Cth|act|coaca430|Constitution|75}} Original jurisdiction of High Court.</ref><ref name="76 CLR 1"/>{{rp|at pp. 368}} |
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== Privy Council decision == |
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{{Infobox Court Case |
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| court = [[Judicial Committee of the Privy Council|Privy Council]] |
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| date decided = 26 October 1949 |
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| imagesize = 100 |
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| full name = |
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| transcripts = |
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| appealed from = [[High Court of Australia]] (''see above'') |
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| opinions = * The Board did not have the jurisdiction to hear the case, as it potentially involved "inter se" matters as described in [[Section 74 of the Constitution of Australia|section 74 of the Australian Constitution]] |
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* In [[obiter]]: section 92 of the Constitution protects an individual right to freely trade inter-state. The test to determine if a direct burden on trade is merely regulatory will turn on both legal and "political, social or economic" factors. |
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| judges = {{plainlist| |
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* [[Samuel Porter, Baron Porter|Lord Porter]] |
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* [[Gavin Simonds, 1st Viscount Simonds|Lord Simonds]] |
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* [[Wilfrid Normand, Baron Normand|Lord Normand]] |
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* [[Fergus Morton, Baron Morton of Henryton|Lord Morton of Henryton]] |
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* [[John MacDermott, Baron MacDermott|Lord MacDermott]]}} |
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| number of judges = 5 |
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| Superseded = [[Cole v Whitfield]] (1986) (in relation to section 92) |
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| subsequent actions = |
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}} |
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In appealing the decision to the Privy Council, the Commonwealth adopted a deliberate strategy of limiting the grounds of appeal to avoid seeking a certificate from the High Court under [[Section 74 of the Constitution of Australia|section 74 of the Constitution]].<ref name="s74">{{cite Legislation AU|Cth|act|coaca430|Constitution|74}} Appeal to Queen in Council.</ref><ref>{{cite web |author1=Gowans, G. |author2=Menhennitt C.I. |author3=Phillips P.D. |author4=Tait, J.B. |date=18 August 1948 |title=Opinion No. 1833: Re Banking case judgements |url=http://legalopinions.ags.gov.au/legalopinion/opinion-1833 |via=Australian Government Solicitor}}</ref><ref>The High Court only once granted a s 74 certificate, in {{cite AustLII|HCA|94|1912|litigants=[[Colonial Sugar Refining Co Ltd v Attorney-General (Cth)]]|parallelcite=[http://www.austlii.edu.au/au/cases/cth/HCA/1912/94.pdf (1912) 15 {{abbr|CLR|Commonwealth Law Reports}} 182]}}.</ref> The case was argued for 37 days before the Privy Council, one of the longest in its history, during which two of the Lordships assigned to the case ([[Lord Uthwatt]] and [[Lord du Parcq]]) died.<ref>{{Cite book |last=Priest |first=Susan |url=https://www.worldcat.org/title/ocm48195157 |title=The Oxford companion to the High Court of Australia |last2=Williams |first2=George |date=2001 |publisher=Oxford University Press |isbn=978-0-19-554022-2 |editor-last=Blackshield |editor-first=Anthony |location=Melbourne : New York |chapter=Bank Nationalisation Case |oclc=ocm48195157 |editor-last2=Coper |editor-first2=Michael |editor-last3=Williams |editor-first3=George |chapter-url=https://www.oxfordreference.com/display/10.1093/acref/9780195540222.001.0001/acref-9780195540222-e-29 |url-access=subscription}}</ref> |
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The Commonwealth government appealed the decision in the [[Judicial Committee of the Privy Council]], in ''[[Commonwealth v Bank of New South Wales]]'' (1949).<ref>{{cite BAILII|litigants=[[Commonwealth v Bank of New South Wales]] |court=UKPC|year=1949|num=37|format=1|parallelcite=[1950] [[Appeal Cases Law Reports|AC]] 235}}; {{cite AustLII|UKPCHCA|1|1949|parallelcite=(1949) 79 [[Commonwealth Law Reports|CLR]] 497 |courtname=auto |date=26 October 1949}}.</ref> The Privy Council affirmed the High Court's decision. |
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The Privy Council endorsed the High Court decision in adopting the individual rights approach. Provisions of the Commonwealth law prohibited private banks from carrying out interstate business banking. Interstate banking transactions under the law were thus not "absolutely free" and hence in violation of Section 92 of the Constitution. The Law Lords held that a simple legislative prohibition of interstate trade and commerce would be constitutionally invalid, but a law seeking to regulate or prescribe rules as to the manner of trade and commerce would not necessarily be in breach of section 92. The Board noted that the question of whether a law was merely regulatory or unduly discriminatory "will often be not so much legal as political, social or economic. Yet it must be solved by a court of law."<ref>''Commonwealth v Bank of New South Wales'' (1949) 76 CLR 467, 639.</ref> |
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Additionally, while rejected this nationalisation by the government, the Board left the door open to future takeovers where "on its own facts and in its own setting of time and circumstances ... prohibition with a view to State monopoly was the only practical and reasonable method of regulation".<ref>''Commonwealth v Bank of New South Wales'' (1949) 76 CLR 467, 641.</ref> |
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[[File:ChifleyEvatt.jpg|thumb|261x261px|[[Ben Chifley]] (centre) with [[HV Evatt]] (left) and [[Clement Attlee]] (right) at the Dominion and British Leaders Conference, London, 1946]] |
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At the [[1949 Australian federal election|1949 federal election]] the [[Chifley |
At the [[1949 Australian federal election|1949 federal election]] the [[Chifley government]] lost power, ostensibly due to the problems regarding this legislation and the Court case.<ref>{{cite news |url=http://nla.gov.au/nla.news-article187347964 |title=A policy backed by a mandate |newspaper=[[The Age]] |date=23 February 1950 |page=2 |via=National Library of Australia}}</ref> |
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This particular understanding of s 92 would remain highly influential, until it was overturned in favour a |
This particular understanding of s 92 would remain highly influential, until it was overturned in favour a free trade interpretation in ''[[Cole v Whitfield]]''.<ref name="165 CLR 360">{{cite AustLII|HCA|18|1988|litigants=[[Cole v Whitfield]]|parallelcite=(1988) 165 [[Commonwealth Law Reports|CLR]] 360|date=2 May 1988|courtname=auto}}.</ref> |
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==See also== |
==See also== |
Revision as of 04:50, 16 June 2024
Bank of New South Wales v Commonwealth[1] | |
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![]() | |
Court | High Court of Australia |
Decided | 11 August 1948 |
Citations | [1948] HCA 7, (1948) 76 CLR 1 |
Case history | |
Appealed to | Privy Council (see below) |
Court membership | |
Judges sitting |
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Case opinions | |
The Banking Act 1947 was beyond the power of the Commonwealth Parliament as:
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The Bank Nationalisation Case, also called Bank of New South Wales v Commonwealth (1948) 76 CLR 1, is a 1948 decision of the High Court of Australia[3] (upheld on appeal to the Privy Council) that invalidated Chiefley government legislation that attempted to nationalise the private banking sector. Separate majorities held that the legislation breached three different provisions of the Constitution: section 92 (requiring trade and commerce between the states to be "absolutely free"), section 51(xxxi) (requiring compulsory acquisition of property to be "on just terms") and section 75(iii) (which grants the High Court original jurisdiction in cases where the Commonwealth is sued).
A subsequent appeal application by the Commonwealth to the Privy Council was dismissed on jurisdictional grounds. The Board held that the case involved potential questions around the limits of the powers between the Commonwealth and the states and hence they were precluded from hearing the case under section 74 of the Constitution. However, the Board did affirm that the legislation breached section 92 of the Constitution, thus endorsing the individual right interpretation of the section. Additionally, the Board formulated its own test for when section 92 would be breached. This test was adopted and applied by the High Court until 1988, where in the case of Cole v Whitfield the section was reinterpreted as a prohibition on protectionist legislation.
The case rendered a key pillar of Labor's economic policy unworkable and possibly was influential in the eventual defeat of the government in 1949. Labor remained in opposition for 23 years and with nationalisation no longer an option, the party moved towards less direct methods to achieve its social and economic goals. The use of tied grants to the states (section 65) and the external affairs power (section 51(xxix)) were later utilised by governments, beginning with the Whitlam government in 1972.
Background
Comfortable in government after two strong election wins, the Labor government of Ben Chifley announced in 1947 its intention to nationalise private banks in Australia. To accomplish this goal the Parliament passed the Banking Act 1947.[4] Under the Act, shares in the private banks would be owned by the Commonwealth Bank of Australia, which in turn would be owned by the Federal Government.[5] The proposal was controversial, and the constitutional validity of the law was challenged by a number of banks, including the Bank of New South Wales, as well as the non-Labor states of Victoria, South Australia and Western Australia.[6] The banks were represented by a formidable legal team,[6] with the Australian incorporated banks represented by Garfield Barwick KC,[3]: at p. 7 who would later become the Chief Justice, and the United Kingdom incorporated banks represented by Frank Kitto KC,[3]: at p. 37 who would later be appointed to the High Court, while the Commonwealth was represented by the former High Court judge H. V. Evatt KC.[3]: at p. 49
High Court decision
The Court hearing lasted for a record 39 days.[6] The summary of the parties arguments occupies 143 pages of the Commonwealth Law Report.[3]: at pp. 7–149 A number of arguments were put to the Court, most of which were rejected.
However the Court declared the law invalid on four grounds, albeit by different majority of judges:[6]
- Section 92 of the Constitution,[7] in providing that "trade, commerce, and intercourse among the States ... shall be absolutely free." conferred a positive right on the banks to engage in the business of interstate banking.[3]: at pp. 388
- it involved the acquisition of property that was not "on just terms, contrary to section 51(xxxi) of the Constitution.[8] The problem with acquisition arose out of the Act's sections detailing the appointment of new directors for all private banks with the power to control, manage, direct and dispose of assets of those banks. Dixon J held that this was a "circuitous device to acquire indirectly the substance of proprietary interest."[3]: at pp. 349
- The Act, in setting up a "Court of Claims", invalidly attempted to oust the original jurisdiction of the High Court.[9][3]: at pp. 368
Privy Council decision
Commonwealth v Bank of New South Wales | |
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![]() | |
Court | Privy Council |
Decided | 26 October 1949 |
Citations | [1949] UKPC 37, [1950] AC 235; [1949] UKPCHCA 1, (1949) 79 CLR 497 |
Case history | |
Appealed from | High Court of Australia (see above) |
Court membership | |
Judges sitting | |
Case opinions | |
| |
Laws applied | |
Superseded by | |
Cole v Whitfield (1986) (in relation to section 92) |
In appealing the decision to the Privy Council, the Commonwealth adopted a deliberate strategy of limiting the grounds of appeal to avoid seeking a certificate from the High Court under section 74 of the Constitution.[10][11][12] The case was argued for 37 days before the Privy Council, one of the longest in its history, during which two of the Lordships assigned to the case (Lord Uthwatt and Lord du Parcq) died.[13]
The Privy Council endorsed the High Court decision in adopting the individual rights approach. Provisions of the Commonwealth law prohibited private banks from carrying out interstate business banking. Interstate banking transactions under the law were thus not "absolutely free" and hence in violation of Section 92 of the Constitution. The Law Lords held that a simple legislative prohibition of interstate trade and commerce would be constitutionally invalid, but a law seeking to regulate or prescribe rules as to the manner of trade and commerce would not necessarily be in breach of section 92. The Board noted that the question of whether a law was merely regulatory or unduly discriminatory "will often be not so much legal as political, social or economic. Yet it must be solved by a court of law."[14]
Additionally, while rejected this nationalisation by the government, the Board left the door open to future takeovers where "on its own facts and in its own setting of time and circumstances ... prohibition with a view to State monopoly was the only practical and reasonable method of regulation".[15]
![](http://upload.wikimedia.org/wikipedia/commons/thumb/9/94/ChifleyEvatt.jpg/261px-ChifleyEvatt.jpg)
Aftermath
At the 1949 federal election the Chifley government lost power, ostensibly due to the problems regarding this legislation and the Court case.[16]
This particular understanding of s 92 would remain highly influential, until it was overturned in favour a free trade interpretation in Cole v Whitfield.[17]
See also
References
- ^ Full case name of the five actions of the case: Bank of New South Wales and others and The Commonwealth and others; Bank of Australasia and others and The Commonwealth and others; State of Victoria and another and The Commonwealth and others; State of South Australia and another and The Commonwealth and others; State of Western Australia and another and The Commonwealth and others.
- ^ Johnston, Peter (2003). "The Bank Nationalisation Cases: The Defeat of Labor's Most Controversial Economic Initiative". In Lee, H P; Winterton, George (eds.). Australian Constitutional Landmarks. Cambridge ; New York: Cambridge University Press. pp. 95–6. ISBN 978-0-521-83158-1.
- ^ a b c d e f g h Bank of New South Wales v Commonwealth [1948] HCA 7, (1948) 76 CLR 1 (11 August 1948), High Court (Australia).
- ^ Banking Act 1947 (Cth).
- ^ Ben Chifley, Prime Minister (15 October 1947). "Banking Bill 1947: Second Reading". Parliamentary Debates (Hansard). Commonwealth of Australia: House of Representatives. pp. 804–5, 808..
- ^ a b c d Hull, Crispin (2003). "Major Cases". The High Court of Australia: Celebrating the Centenary 1903–2003. Lawbook Co. ISBN 0-455-21947-8.
- ^ Constitution (Cth) s 92 Trade within the Commonwealth to be free.
- ^ Constitution (Cth) s 51(xxxi) "The Parliament shall, subject to this Constitution, have power to make laws for ... the acquisition of property on just terms ...".
- ^ Constitution (Cth) s 75 Original jurisdiction of High Court.
- ^ Constitution (Cth) s 74 Appeal to Queen in Council.
- ^ Gowans, G.; Menhennitt C.I.; Phillips P.D.; Tait, J.B. (18 August 1948). "Opinion No. 1833: Re Banking case judgements" – via Australian Government Solicitor.
- ^ The High Court only once granted a s 74 certificate, in Colonial Sugar Refining Co Ltd v Attorney-General (Cth) [1912] HCA 94, (1912) 15 CLR 182.
- ^ Priest, Susan; Williams, George (2001). "Bank Nationalisation Case". In Blackshield, Anthony; Coper, Michael; Williams, George (eds.). The Oxford companion to the High Court of Australia. Melbourne : New York: Oxford University Press. ISBN 978-0-19-554022-2. OCLC 48195157.
- ^ Commonwealth v Bank of New South Wales (1949) 76 CLR 467, 639.
- ^ Commonwealth v Bank of New South Wales (1949) 76 CLR 467, 641.
- ^ "A policy backed by a mandate". The Age. 23 February 1950. p. 2 – via National Library of Australia.
- ^ Cole v Whitfield [1988] HCA 18, (1988) 165 CLR 360 (2 May 1988), High Court (Australia).