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R v Toohey; Ex parte Northern Land Council

[1981] HCA 74 ; (1981) 151 CLR 170 ; (1980) 151 CLR 170

High Court of Australia · 1981 · Find the judgment

Cited by 107 indexed judgments

All Not followed 1 Applied or followed 5 Cited 101

1995: 1 citing judgment 1996: 1 citing judgment 1997: 3 citing judgments 1998: 2 citing judgments 1999: 3 citing judgments 2000: 2 citing judgments 2001: 10 citing judgments 2002: 6 citing judgments 2003: 5 citing judgments 2004: 9 citing judgments, 1 negative 2005: 2 citing judgments 2006: 5 citing judgments 2007: 4 citing judgments 2008: 4 citing judgments 2009: 4 citing judgments 2010: 6 citing judgments 2011: 3 citing judgments 2013: 2 citing judgments 2014: 1 citing judgment 2015: 4 citing judgments 2016: 3 citing judgments 2017: 3 citing judgments 2018: 3 citing judgments 2019: 4 citing judgments 2020: 2 citing judgments 2021: 8 citing judgments 2022: 2 citing judgments 2023: 2 citing judgments 2024: 2 citing judgments 2025: 1 citing judgment 1981 1990 2000 2010 2020
citing judgments per year of which distinguished, doubted, not followed or overruled · line marks the decision

Sort: Oldest first Newest first Most cited

  1. Maxwell v The Queen [1996] HCA 46 Cited High Court of Australia · cited 161× · judgment
  2. Newcrest Mining (WA) Ltd v Commonwealth [1997] HCA 38 Cited High Court of Australia · cited 108× · judgment
  3. Re Governor, Goulburn Correctional Centre; Ex parte Eastman [1999] HCA 44 Cited High Court of Australia · cited 28× · judgment
  4. Wu v The Queen [1999] HCA 52 Cited High Court of Australia · cited 66× · judgment
  5. The Commonwealth of Australia v Newcrest Mining (WA) Ltd & Ors [1995] FCA 362 Cited Federal Court of Australia · judgment
  6. Wati, Grace Pushpa v Minister for Immigration & Ethnic Affairs & Anor [1997] FCA 207 Cited Federal Court of Australia · judgment
  7. COUNCIL OF THE CITY OF GOSFORD v CUNNINGHAM AND ANOR; COUNCIL OF THE CITY OF GOSFORD v CUNNINGHAM AND ANOR [1997] NSWCA 81 Cited NSW Court of Appeal · cited 3× · judgment
  8. Margarula, Yvonne v Minister for Resources & Energy & Ors [1998] FCA 48 Cited Federal Court of Australia · cited 2× · judgment
  9. JL Holdings Pty Ltd v State of Queensland [1998] FCA 220 Cited Federal Court of Australia · judgment
  10. Doyle v Commissioner of Police [1999] NSWADT 84 Cited Administrative Decisions Tribunal (NSW) · cited 16× · judgment
  11. Corporation of the City of Enfield v Development Assessment Commission [2000] HCA 5 Cited High Court of Australia · cited 407× · judgment
  12. Minister for Immigration and Multicultural Affairs v Thiyagarajah [2000] HCA 9 Cited High Court of Australia · cited 81× · judgment
  13. Re Minister for Immigration and Multicultural Affairs; Ex parte Miah [2001] HCA 22 Cited High Court of Australia · cited 479× · judgment
  14. Re Minister for Immigration and Multicultural Affairs; Ex parte Epeabaka [2001] HCA 23 Cited High Court of Australia · cited 78× · judgment
  15. National Tertiary Education Industry Union v Commonwealth of Australia [2001] FCA 610 Cited Federal Court of Australia · cited 2× · judgment
  16. Kelly v Commissioner of the Department of Corrective Services & Anor [2001] NSWCA 148 Cited NSW Court of Appeal · cited 6× · judgment
  17. Minister for Immigration and Multicultural Affairs v Yusuf [2001] HCA 30 Cited High Court of Australia · cited 1,750× · judgment
  18. Marshall v Director-General, Department of Transport [2001] HCA 37 Cited High Court of Australia · cited 65× · judgment
  19. Re Patterson; Ex parte Taylor [2001] HCA 51 Cited High Court of Australia · cited 227× · judgment
  20. Roguinski v Minister for Immigration & Multicultural Affairs [2001] FCA 1327 Cited Federal Court of Australia · cited 3× · judgment
  21. CGEA Transport Ltd t/as Southtrans v Transport Workers' Union of Australia [2001] NSWIRComm 287 Cited Industrial Relations Commission of NSW · cited 17× · judgment
  22. North Australian Aboriginal Legal Aid Service Inc v Bradley [2001] FCA 1728 (includes summary) [2001] FCA 1728 Applied or followed Federal Court of Australia · cited 6× · judgment
  23. National Tertiary Education Industry Union v Commonwealth of Australia [2002] FCA 441 Cited Federal Court of Australia · cited 40× · judgment
  24. D & R Commercial Pty Ltd and Flood [2002] NSWIRComm 88 Cited Industrial Relations Commission of NSW · cited 97× · judgment
  25. Director-General of the Department of Land and Water Conservation v Prime Grain Pty Ltd & Ors; Greentree v Director-General of the Department of Land and Water Conservation [2002] NSWLEC 93 Cited Land and Environment Court of NSW · judgment
  26. Western Australia v Ward [2002] HCA 28 Cited High Court of Australia · cited 259× · judgment
  27. NAAV v Minister for Immigration & Multicultural & Indigenous Affairs [2002] FCAFC 228 Cited Federal Court of Australia (Full Court) · cited 289× · judgment
  28. North Australian Aboriginal Legal Aid Service Inc v Bradley [2002] FCAFC 297 Applied or followed Federal Court of Australia (Full Court) · cited 5× · judgment
  29. Dranichnikov v Minister for Immigration and Multicultural Affairs [2003] HCA 26 Cited High Court of Australia · cited 943× · judgment
  30. Glaxosmithkline Australia Pty Ltd v Anderson [2003] FCA 617 Cited Federal Court of Australia · cited 1× · judgment
  31. Scott v Northern Territory of Australia & Anor [2003] FCA 658 Cited Federal Court of Australia · cited 2× · judgment
  32. COMMISSIONER OF POLICE FOR NSW & ANOR v Jeffrey JARRATT [2003] NSWCA 326 Cited NSW Court of Appeal · cited 2× · judgment
  33. State of South Australia v Honourable Peter Slipper MP [2003] FCA 1414 Cited Federal Court of Australia · cited 1× · judgment
  34. Gray v Woollahra Municipal Council [2004] NSWSC 112 Cited Supreme Court of NSW · cited 10× · judgment
  35. Murrumbidgee Ground-Water Preservation Assocation v Minister for Natural Resources [2004] NSWLEC 122 Cited Land and Environment Court of NSW · cited 15× · judgment
  36. State of South Australia v Honourable Peter Slipper MP [2004] FCAFC 164 Cited Federal Court of Australia (Full Court) · cited 12× · judgment
  37. Kim v Minister for Immigration & Multicultural & Indigenous Affairs [2004] FCA 956 Cited Federal Court of Australia · judgment
  38. Raymond v Northern Territory of Australia [2004] FCAFC 258 Cited Federal Court of Australia (Full Court) · judgment
  39. Lansen v Northern Territory of Australia [2004] FCAFC 257 Cited Federal Court of Australia (Full Court) · cited 1× · judgment
  40. J L and M M Muir Properties Pty Ltd v Roads and Traffic Authority of NSW [2004] NSWLEC 621 Cited Land and Environment Court of NSW · cited 2× · judgment
  41. Western Australian Planning Commission v Temwood Holdings Pty Ltd [2004] HCA 63 Cited High Court of Australia · cited 80× · judgment
  42. Seven Network Limited (No 4) [2004] ACompT 11 [2004] ACOMPT 11 Not followed Australian Competition Tribunal · judgment
  43. Griffith University v Tang [2005] HCA 7 Cited High Court of Australia · cited 135× · judgment
  44. Radio 2UE Sydney Pty Ltd and ors v Burns (EOD) [2005] NSWADTAP 69 Cited ADT Appeal Panel (NSW) · cited 6× · judgment
  45. McGuirk v University of New South Wales [2006] NSWADT 81 Cited Administrative Decisions Tribunal (NSW) · cited 3× · judgment
  46. ESHO v. PAROLE BOARD AUTHORITY OF NSW [2006] NSWSC 304 Cited Supreme Court of NSW · cited 14× · judgment
  47. Australian Competition & Consumer Commission v Australian Competition Tribunal [2006] FCAFC 83 Cited Federal Court of Australia (Full Court) · cited 19× · judgment
  48. Westfield Management Limited v. Perpetual Trustee Company Limited & Anor. [2006] NSWCA 245 Cited NSW Court of Appeal · cited 94× · judgment
  49. New South Wales v Commonwealth of Australia [2006] HCA 52 Cited High Court of Australia · cited 92× · judgment
  50. South Coast X-Ray Pty Limited v Chief Executive Officer of Medicare Australia [2007] FCA 277 Applied or followed Federal Court of Australia · judgment

Tree of authority

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Later cases citing this one, in order of decision, and the cases citing them in turn. The most cited are shown at each level.

This judgment is not in the index, so the authorities it cites are not known here. It is shown because indexed judgments cite it.

How the citator works

Citations are read from the text of each indexed judgment. A report citation written alongside a neutral citation, such as [2008] HCA 9; (2008) 234 CLR 50, teaches the citator that both name the same case, so later citations by either are counted together.

Treatment is read from the words in the sentence that cites the case: overruled or disapproved; not followed or declined to follow; distinguished or distinguishable; doubted; applied, followed or adopted. Anything else is cited. It is a guide to which judgments to read, not a judicial history: a judgment that discusses a case at length without one of those words is shown as citing it, and one mentioning several cases in a sentence may attach the word to all of them.

Only judgments in this index are counted, mostly the High Court, the Federal Court and New South Wales courts and tribunals since 2006. Earlier cases appear as authorities but their own authorities are unknown, so a tree ends there. Check a treatment by reading the passage before relying on it.

Judgment text is from the Open Australian Legal Corpus (Isaacus, CC BY 4.0) and the courts’ own websites. Each judgment links to its official version: read it before relying on anything here.