Case Note: the Corporations Power in Williams (No 2)

Abstract

This case note analyses the High Court’s approach to the corporations power in s 51(xx) of the Constitution in Williams v Commonwealth (No 2) (2014) 88 ALJR 701. The Court held that a law authorising the Commonwealth to pay money to trading or financial corporations was not supported by s 51(xx). This case note argues that, in so holding, the Court failed to engage with the possibility that such a law conferred rights or privileges on corporations and was thus within the scope of the power as explained in New South Wales v Commonwealth (2006) 229 CLR 1 (‘ Work Choices ’).