Law Reform Commission of Western Australia
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Publications

Project 50 - Appeals to the Privy Council

 Project No. 50

Commenced: 1973
Withdrawn: 1976

Research toward the preparation of a working paper on this subject was not completed, as it became apparent that Commonwealth legislation was being drafted to address the issue.

The Privy Council (Appeals from the High Court) Act 1975 (Cth) abolished appeals from the High Court to the Privy Council in all matters of state jurisdiction. However, it remained possible for appellants to choose between appealing to the High Court or the Privy Council on state matters until corresponding state and federal Acts abolished this remaining avenue of appeal in 1986.

Terms of Reference

In 1973, the Commission was given a reference to consider and report on the question whether the right of appeal to the Privy Council should be abolished.

Outcomes

As a consequence of the Commonwealth legislation, the Commission deferred work on the project in 1976. The reference subsequently lapsed due to the abrogation of appeals to the Privy Council from all Australian courts.

Last updated: 31-Jan-2017

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