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ARTICLE · 01 AUGUST 2011

Commonwealth of Australia bound by State or Territory Legislation

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Martens v Commonwealth: whether the Commonwealth’s departments or agencies bound by State or Territory legislation that regulates prelitigation procedures?

AustraliaInsurance
Geoffrey Flint Esq
Geoffrey Flint Esq
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Martens v Commonwealth of Australia & Anor [2011] QSC 65

Comcover is the Australian Government general insurance fund, which provides insurance and risk management services to the departments and agencies of the Commonwealth of Australia ('Commonwealth').

Where claims are made or litigation is commenced, are the Commonwealth's departments or agencies bound by State or Territory legislation that regulates prelitigation procedures or that has amended the common law after the Ipp Report recommendations?

The Queensland Supreme Court has held that the Commonwealth is so bound.

Context

State and Territory legislation contains a familiar clause in much legislation:

'Act to bind Crown'

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