Combet v Commonwealth of Australia

Statutes – Appropriation Act - Construction - Appropriation of moneys from Consolidated Revenue Fund - Expenditure of public money on advertising to provide information about, and promote, the Government's workplace relations reform package - Whether expenditure authorised by an appropriation made by law - Construction of Appropriation Act (No 1) 2005-2006 (Cth) - Whether expenditure falls within Outcome 2, "Higher productivity, higher pay workplaces", of the Department of Employment and Workplace Relations - Whether amounts issued out of Consolidated Revenue Fund for "departmental items" and for "administered items" tied to "outcomes".

Constitutional law (Cth) – Appropriation of moneys from Consolidated Revenue Fund - Standing to bring action for declarations and injunctions - Standing of Member of House of Representatives and Shadow Attorney-General - Standing of Secretary of peak union body - Justiciability of proceedings - Whether proceedings present a matter apt for judicial determination.

Constitutional law (Cth) – Appropriation of moneys from Consolidated Revenue Fund - Expenditure alleged to be unauthorised by Appropriation Act (No 1) 2005-2006 (Cth) - Relief - Injunction - Declaration - Whether relief claimed effective and confined to the expenditure impugned - Whether relief should be refused on discretionary grounds - Whether necessary or appropriate to answer such questions.

High Court – Practice - Special Case - Questions of law stated for the opinion of the Full Court - Matter presented by the arguments of the parties - Whether common assumption in the parties' submissions on questions of statutory construction - Whether Court obliged to decide controversy presented by the parties - Scope and content of that controversy - Extent to which parties' submissions foreclosed construction of the Appropriation Act (No 1) 2005-2006 (Cth).

Words and phrases – "appropriation", "appropriation made by law", "administered expenses", "administered item", "departmental expenditure", "departmental item", "departmental outputs", "outcomes".

Constitution – ss 53, 54, 56, 81, 83, 94, 97.

Appropriation Act (No 1) 2005 –2006 (Cth), ss 3, 4, 7, 8, 15, Sched 1.

Financial Management and Accountability Act 1997 (Cth) – ss 5, 26, 27.

Auditor –General Act 1997 (Cth).

Audit Act 1901 (Cth) – ss 34, 40, 41.

Acts Interpretation Act 1901 (Cth) – s15AB.