Glew v The Governor of Western Australia

[2009] WASC 14

Supreme Court of Western Australia

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For Australian Law.

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Interrogate

Catchwords

1. Constitutional Law (WA)
2. › State Constitution
3. › Manner and form provisions
4. › Section 73(2)(g) Constitution Act 1889 (WA)
5. › Whether change of terminology from 'Crown' to 'State' effects alteration to Constitution requiring referendum
6. › Whether AARCLP Act 2003 (WA) altered office of Governor
7. › Constitution Act 1889 (WA), s 2, s 50, s 73
1. Constitutional Law (Cth)
2. › Australia Act 1986 (Cth)
3. › Validity of Australia Act
4. › Section 6 manner and form requirements
5. › Relationship between s 6 Australia Act and s 73 Constitution Act 1889 (WA)
6. › Australia Act 1986 (Cth), s 2, s 3(2), s 6
7. › Constitution, s 51(xxxviii), s 106, s 109
1. Constitutional Law (WA)
2. › Executive government
3. › Definition of 'the Crown'
4. › Whether 'the Crown' is shorthand for executive government
5. › Whether substitution of 'the State' for 'the Crown' effects substantive constitutional change
1. Practice and Procedure
2. › Striking out statement of claim
3. › No reasonable cause of action
4. › Frivolous and vexatious proceedings
5. › Previous pattern of unsuccessful litigation on same issues
6. › Rules of the Supreme Court 1971 (WA), O 20 r 19(1)

Quick Take

A change in legislative terminology from 'the Crown' or 'Her Majesty' to 'the State' or 'the Governor' does not effect a substantive constitutional alteration and does not engage manner and form provisions requiring a referendum under s 73(2)(g) of the Constitution Act 1889 (WA). The decision confirms that 'the Crown' is a shorthand expression for the executive government, and substituting modern terminology does not alter the constitutional structure of the State.