| Farey v Burvett | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 8 June 1916 |
| Citations | [1916] HCA 36, (1916) 21 CLR 433 |
| Court membership | |
| Judges sitting | Griffith CJ, Barton, Isaacs, Higgins Gavan Duffy, Powers & Rich JJ |
| Case opinions | |
| (5:2) The defence powers of the Commonwealth were sufficient to permit the Governor-General to make regulations and orders fixing the maximum price for bread.per Griffith CJ, Barton, Isaacs, Higgins & Powers JJ. | |
Farey v Burvett[1] is an early High Court of Australia case concerning the extent of the defence power of the Commonwealth.[2] 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.
- ^ Farey v Burvett [1916] HCA 36, (1916) 21 CLR 433
- ^ Cite error: The named reference
Defence powerwas invoked but never defined (see the help page).