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JT International SA v Commonwealth of Australia
British American Tobacco Australasia Limited v The Commonwealth

[2012] HCA 43
Case number
S409/2011
S389/2011
Before
French CJ, Gummow, Hayne, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

Constitutional law (Cth) – Legislative power – Section 51(xxxi) – Acquisition of property on just terms – Plaintiffs hold registered and unregistered trade marks and other intellectual property rights in relation to tobacco product packaging – Tobacco Plain Packaging Act 2011 (Cth) regulates appearance of tobacco product packaging and use of trade marks on such packaging – Whether plaintiffs' intellectual property rights, goodwill and rights to determine appearance of tobacco products constitute "property" for purposes of s 51(xxxi) – Whether Act effects an acquisition of plaintiffs' property otherwise than on just terms.

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

Constitution – s 51(xxxi).

Tobacco Plain Packaging Act 2011 (Cth) – ss 15, 18-27, 30-48.

Competition and Consumer (Tobacco) Information Standard 2011 (Cth) – ss 1.5, 3.1, 4.1, 9.13, 9.19-19.20.

Tobacco Plain Packaging Regulations 2011 (Cth) – Divs 2.1-2.4, 3.1.

Files
43.rtf (1.18 MB)
43.pdf (688.1 KB)