Theophanous v Commonwealth of Australia

Constitutional Law (Cth) – Acquisition of property - Plaintiff formerly a member of the House of Representatives of the Parliament of the Commonwealth - Plaintiff entitled to a retirement allowance in accordance with s 18 of the Parliamentary Contributory Superannuation Act 1948 (Cth) ("Superannuation Act") - Plaintiff convicted after trial on indictment of offences answering the description of "corruption offence" within s 2(1) of the Crimes (Superannuation Benefits) Act 1989 (Cth) ("CSB Act") - Commonwealth Director of Public Prosecutions applied to the County Court of Victoria for a superannuation order in respect of the plaintiff pursuant to s 17 of the CSB Act - Effect of superannuation order would include cessation of all rights of and benefits payable to or in respect of the plaintiff under the Superannuation Act - Whether Pt 2 of the CSB Act invalid as providing for the acquisition of property otherwise than on just terms - Whether the acquisition effected by Pt 2 of the CSB Act of a kind with which "just terms" is an inconsistent or incongruous notion - Whether the operation of Pt 2 of the CSB Act reasonably incidental to the exercise of a head of power other than s 51(xxxi) - Whether the operation of Pt 2 of the CSB Act a reasonably proportional consequence of breach of the law in question.

Words and phrases – "acquisition of property", "just terms".

Constitution – ss 48, 51(xxxi), 51(xxxvi).

Crimes (Superannuation Benefits) Act 1989 (Cth) – ss 2(1), 7, 16, 17, 19, 21.

Parliamentary Contributory Superannuation Act 1948 (Cth) – ss 4B, 4C, 18, 19.