Inconsistency Flashcards
1
Q
What is Inconsistency?
A
- If a state law is INCONSISTENT w Cth Law –> Cth law will prevail following a successful HC challenge
2
Q
What is Issue 1 for Inconsistency?
A
- Which STATE law RAISES a question of s109 inconsistency?
3
Q
How many tests are there for Inconsistency?
A
3
4
Q
What are the 3 tests for Inconsistency?
A
- Simultaneous Obedience (Direct)
- Conferral of Rights Test (Direct)
- Cover the Field Test (Indirect)
5
Q
What is the Final Issue for Inconsistency?
A
What are the consequences of invalidity?
