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Analysis and Comment (4)

A new off-shore phase of jurisprudence has the potential to undermine national authorities. A new off-shore phase of jurisprudence has the potential to undermine national authorities. Lukas Coch/AAP

An affront to the rule of law: international tribunals to decide on plain packaging

The Australian High Court has found that the Gillard Government’s Tobacco Plain Packaging Act 2011 does not breach that section of the constitution that prohibits federal legislation acquiring property…
Attorney-General Nicola Roxon and Health Minister Tanya Plibersek take questions after the High Court decision. Attorney-General Nicola Roxon and Health Minister Tanya Plibersek take questions after the High Court decision. AAP/Lukas Coch

Government wins first battle in plain packaging war

The government and health advocates are deservedly celebrating the High Court decision on plain packaging. But tobacco companies have been quick to note that while they’ve lost a key battle, they intend…
The High Court has ruled the enforcing plain packaging is constitutionally legal. The High Court has ruled the enforcing plain packaging is constitutionally legal. AAP/Lukas Coch

The Olive Revolution: Australia’s plain packaging leads the world

After much political debate, the Australian Parliament passed the Tobacco Plain Packaging Act 2011 (Cth). Australian legislators, such as Richard di Natale, provided moving accounts for the need for plain…
Australia’s High Court has dismissed the plain tobacco packaging case brought against the government by tobacco companies. Australia’s High Court has dismissed the plain tobacco packaging case brought against the government by tobacco companies. TRACEY NEARMY/AAP

Big Tobacco crashes at first legal hurdle on plain packaging

This morning Australia’s High Court dismissed the plain tobacco packaging case brought against the Australian government by the world’s largest tobacco companies. The companies had challenged the government’s…