Problem
The Australian Constitution divides the power to legislate between the states and the Commonwealth. What is the effect of section 109 of the Constitution?
You are a lawyer representing a client in a County Court case in Victoria. You find two relevant cases. The first is a case decided in the Supreme Court of South Australia in 2022. The second is a case decided in the Supreme Court of Victoria in 2011. Which case would be better to use in the County Court case and why?