Southern Centre of Theosophy Inc v South Australia [1979] HCA 59

In Southern Centre of Theosophy Inc v South Australia [1979] HCA 59 it was alleged that the continued existence of the jurisdiction of the Privy Council in relation to South Australia depends upon the continued prerogative of Her Majesty to act in executive matters in relation to South Australia on the advice of other than Australian advisers, and that the continuance of the appeal implies that South Australia remains in a position of colonial subserviency to the United Kingdom. Further…

“…reliance was placed on the Royal Style and Titles Act 1973 (Cth) by which the assent of the Parliament was given to the adoption by Her Majesty for use in relation to Australia and its territories, of the following style and titles: “Elizabeth the Second, by the Grace of God Queen of Australia and Her other Realms and Territories, Head of the Commonwealth.” It is right to say that this alteration in Her Majesty’s style and titles was a formal recognition of the changes that had occurred in the constitutional relations between the United Kingdom and Australia. For reasons already given those changes had no effect whatever on that part of the law of South Australia which confers a right of appeal to the Privy Council. The changes occurred as the result of an orderly development – not as the result of a revolution.”


Click to access southern-centre-of-theosophy-inc-v-south-australia-1979-145-clr-246.pdf

.