Australian Constitution

1904

D'Emden v Pedder

High Court of Australia(1904) 1 CLR 91

Key Principle

Established the doctrine of intergovernmental immunities, holding that Commonwealth instrumentalities were immune from State laws

The first landmark constitutional case decided by the High Court. Drawing on the US precedent of McCulloch v Maryland, the Court held that a Tasmanian stamp duty could not apply to the salary of a Commonwealth officer. This established the implied intergovernmental immunities doctrine, which held that neither level of government could interfere with the other's instrumentalities. The doctrine was later rejected by the Engineers' Case in 1920.

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