Cole v Whitfield
Cole v Whitfield, is a decision of the High Court of Australia. At issue was the interpretation of section 92 of the Australian Constitution, a provision which relevantly states:
... trade, commerce, and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free.
| Cole v Whitfield | |
|---|---|
| Court | High Court of Australia |
| Decided | 2 May 1988 |
| Citation(s) | [1988] HCA 18, (1988) 165 CLR 360 |
| Case history | |
| Prior action(s) | Court of Petty Sessions (Tas) September 1986 |
| Court membership | |
| Judge(s) sitting | Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ |
| Case opinions | |
| (7:0) Where a law creates a discriminatory and protectionist burden on interstate trade and commerce and is not pursuant or incidental to a non-protectionist purpose, it will be in breach of Section 92 of the Australian Constitution. (per Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey & Gaudron JJ) | |
The court decided that s.92 prohibits burdens upon interstate trade, commerce, and intercourse of a 'protectionist kind'. The previously applied Individual Right interpretation of the section was abandoned in a unanimous joint judgement. Prior to Cole v Whitfield, s.92 was the most litigated section in the Constitution, bringing over 140 cases before the courts. This was partially the consequence of inconsistent and confusing jurisprudence under the previous interpretive approach, as was acknowledged by the joint judgement. The case largely settled s.92 jurisprudence, with the section only being infrequently the subject of litigation since.