QLD Australian Constitutional Law quiz

corporations power - s 51(xx) foreign corporations, and trading or financial corporations formed within the limits of the Commonwealth; 'constitutional corporations' What is not a constitutional corporation? - Partnerships, unincorporated associations, sole traders, local govt. foreign corporations - Any entitled formed under the law of legal personalty either by foreign law or by Australian law. Need not be a 'trading' or 'financial' corporations to be regulated under this head of power - Incorporation Case NSW v Cth (Corporations Act/Incorporation Case) (1990) 169 CLR 482 - F: Before Act proclaimed to commence, P states brought proceedings claiming that it was invalid to the extent that it provided for the incorporation of companies or prevented companies being incorporated under the company law of a state. R: - Foreign corps do not need to be 'trading' or 'financial'. - 'formed within the Cth' meant 'already formed' - Law invalid regarding the creation of corporations. - Cannot prevent from incorporating or make law regarding incorporating. Trading and financial corporations - Trading corporations - Adamson (football league) - if substantial or sufficiently significant proportion of its activities comprise 'trading(/financial)' activities [Barwick CJ] [Mason J - could be where incidental to other activity] Adamson - (football league) - if substantial or sufficiently significant proportion of its activities comprise 'trading(/financial)' activities [Barwick CJ] [Mason J - could be where incidental to other activity] Minority [Gibbs, Stephens, Aickin JJ] - for purpose of fostering football - too different from purpose Tas Dams (corporations) - Substantial current activities. Changed post