HCA: s.109 & conflict between State legislation and Federal instruments

I refer you to the summary of the decision of Jemena Asset Management (3) Pty Ltd v Coinvest Limited [2011] HCA 33  in relation to portable long service leave in the construction industry, where the High Court held that:

“…it is possible to infer from the beneficial nature of the federal instruments that the Commonwealth legislature did not intend to exclude a compatible State law”.

Brisbane Barrister – David Cormack

 

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