Cunningham v The Commonwealth

HIGH COURT OF AUSTRALIAFRENCH CJ,KIEFEL, BELL, GAGELER, KEANE, NETTLE AND GORDON JJBARRY THOMAS CUNNINGHAM & ORS  PLAINTIFFSANDCOMMONWEALTH OF AUSTRALIA & ANOR  DEFENDANTSCunningham v Commonwealth of Australia[2016] HCA 3912 October 2016S140/2015ORDERThe questions stated by the parties in the special case dated 4 February 2016 and referred for consideration by the Full Court be answered as follows:Question OneDo any, and if so which, of the following laws and Determinations of the Remuneration Tribunal constitute or authorise an acquisition of any, and if so what, property of the plaintiffs, or any of them, otherwise than on just terms, within the meaning of s 51(xxxi) of the Constitution:a.Remuneration Tribunal Act 1973 (Cth), ss 7(1A), 7(1B), 7(1C) and 7(2A);b.Remuneration and Other Legislation Amendment Act 2011 (Cth), s 3 (insofar as it made the amendments or repeals provided for in Sched 2, items 1, 16A, 17A, 19, 20, 21(2));c.Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth), s 3 (insofar as it made the amendments or repeals provided for in Sched 2, items 1, 2, 3, 5, 6, 7, 8 and 9);d.Members of Parliament (Life Gold Pass) Act 2002 (Cth), s 11(2) (as originally enacted);e.Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth), s 3 (insofar as it made the amendments or repeals provided for in Sched 1, item 6);f.Determination 2012/02, Pt 2 (cl 2.2);g.Determination 2012/03, Pt 2 (cl 2.3), Pt 3 (cl 3.1);h.Determination 2012/15, Pt 1 (cl 1.3 and cl 1.4 (insofar as it relates to cl...