Vanderstock v Victoria One Year On: Reflections on a Divided High Court’s Approach to s 90 of the Constitution

AACL End of Year Event

In the landmark judgment of Vanderstock v Victoria [2023] HCA 30, a narrow majority of the High Court arguably established a new test for the meaning of ‘excise’ in s 90 of the Constitution: an inland tax on goods. For the majority of the Court, this simple test marked a return to the ‘high constitutional purpose’ of s 90 of the Constitution. For the dissenting judges however, the majority’s decision represented a departure from ‘long established and fundamental principle’ with the potential to undermine ‘federalism itself’.

One year on from this momentous decision, please join us for an analysis of the High Court’s reasoning in Vanderstock and a reflection on its implications from two expert guest speakers.

Frances Gordon KC specialises in public law, including constitutional law, and regularly appears in the High Court in constitutional cases. She is the co-author (with Peter Hanks, Graham Hill and Thomas Wood) of Constitutional Law in Australia (5th ed, 2024). Frances appeared as counsel for the plaintiff in Vanderstock.

Professor Nick Aroney is professor of constitutional law at the University of Queensland, Director (Public Law) of the Centre for Public, International and Comparative Law and a Senior Fellow of the Centre for Law and Religion at Emory University. Nick has published extensively in the field of constitutional law and comparative federalism.

This event will be chaired by the Hon Patrick Keane AC KC. His Honour served as a Justice of the High Court of Australia from 2013 to 2022. Prior to this, he served as Chief Justice of the Federal Court of Australia from 2010 to 2013. From 2005 to 2010 he served as a Judge of the Court of Appeal of the Supreme Court of Queensland, and as Solicitor General for Queensland between 1992 and 2005.

This event is co-hosted by Clayton Utz and the Queensland Chapter of the Australian Association of Constitutional Law.

Following the session, we invite you to join us for a light reception to connect with colleagues and celebrate another momentous year in constitutional law.

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