Farey v Burvett

Farey v Burvett is an early High Court of Australia case concerning the extent of the defence power of the Commonwealth. The majority of the Court took an expansive view of the defence power in a time of war, holding that the defence power extended to fixing the maximum price for bread. The Court adopted a different approach to the interpretation of the defence power which emphasised the purpose of the legislation, the defence of Australia, rather than the subject matter. As the law fell within a Commonwealth power, whether the law was necessary or appropriate for the defence of Australia was a matter for Parliament.