Cunningham & Ors v Commonwealth of Australia & Anor

Constitutional law (Cth) – Legislative power – Acquisition of property on just terms – Where amendments to Parliamentary Contributory Superannuation Act 1948 (Cth) and Remuneration Tribunal Act 1973 (Cth) and Determinations by Remuneration Tribunal modified method by which allowances paid to retired members of Parliament calculated – Where enactment of and subsequent amendment to Members of Parliament (Life Gold Pass) Act 2002 (Cth) modified entitlement conferred on retired members of Parliament to payment of travel expenses – Whether amendments and Determinations constitute or authorise acquisition of property otherwise than on just terms within meaning of s 51(xxxi) of Constitution.

Words and phrases – "acquisition of property", "inherently defeasible", "inherently liable to variation", "just terms", "Life Gold Pass", "parliamentary allowance", "property", "retiring allowance", "subject to this Act", "until the Parliament otherwise provides".

Constitution – ss 48, 51(xxxi), 51(xxxvi), 66.

Members of Parliament (Life Gold Pass) Act 2002 (Cth) – s 11(2).

Members of Parliament (Life Gold Pass) and Other Legislation Amendment Act 2012 (Cth) – s 3.

Parliamentary Contributory Superannuation Act 1948 (Cth) – ss 18, 22T.

Remuneration and Other Legislation Amendment Act 2011 (Cth) – s 3.

Remuneration Tribunal Act 1973 (Cth) – ss 7(1A), 7(1B), 7(1C), 7(2A).