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Australia Leading Case grounds illegalityrule of law

Kirk v Industrial Court of NSW

(2010) 239 CLR 531
JurisdictionAustralia
CourtHigh Court of Australia
Year2010
StatusBinding authority

Summary

State parliaments cannot exclude judicial review of jurisdictional error by State Supreme Courts, as s73 of the Constitution entrenches their supervisory jurisdiction.

Key Principle

constitutional entrenchment of judicial review of state courts; jurisdictional error cannot be excluded

Area of Law

constitutional

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