Yougarla v Western Australia

HIGH COURT OF AUSTRALIAGLEESON CJ,GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJCROW YOUGARLA & ORS   APPELLANTSANDTHE STATE OF WESTERN AUSTRALIA & ANOR  RESPONDENTSYougarla v Western Australia [2001] HCA 479 August 2001P60/2000ORDERAppeal dismissed with costs.On appeal from the Supreme Court of Western AustraliaRepresentation:D F Jackson QC with S C Churches and P W Johnston for the appellants (instructed by Dwyer Durack)R J Meadows QC, Solicitor-General for the State of Western Australia with G R Donaldson and J A Thomson for the respondents (instructed by Crown Solicitor for the State of Western Australia)Intervener:H C Burmester QC with G M Aitken intervening on behalf of the Attorney-General of the Commonwealth (instructed by Australian Government Solicitor)Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSYougarla v Western AustraliaConstitutional law (WA) – Imperial manner and form requirements respecting State legislation – Section 70 of the Constitution Act 1889 (WA) provided for the issue of annual sums to Aborigines Protection Board for the welfare of "the aboriginal natives" – Whether provision still in force – Whether repeal by Aborigines Act 1905 (WA) effective – Tabling requirement under s 32 of The Australian Constitutions Act 1850 (Imp) in respect of certain WA bills – Requirement not complied with – Whether compliance with requirement necessary to validly repeal s 70 of the Constitution Act 1889 (WA).Constitutional law (Cth) – Constitution of State of the Commonwealth – Whether provision in Constitution s 106 excludes construing application of...