Plain packaging in the High Court: JT International SA v Commonwealth [2012] HCA 43

The South Australian Chapter of the Australian Association of Constitutional Law (AACL) is proud to host


Plain packaging in the High Court:

JT International SA v Commonwealth [2012] HCA 43

In August this year, the High Court dismissed a constitutional challenge brought by a number of big tobacco companies to Commonwealth legislation mandating the plain packaging of cigarettes. On 5 October the High Court published its reasons for the decision. The challenge was brought on the basis that the legislation acquired the tobacco companies’ intellectual property rights and goodwill without the provision of just terms, as required by s 51(xxxi) of the Constitution. The Australian legislation is the first of its kind across the world, and the case was viewed internationally as a test case for stricter controls on tobacco products. This seminar will explore the intellectual property issues that the case raises, the constitutional question addressed by the Court, and the international challenges that the measures may now face.


Presented by:

Dr Matthew Stubbs

Matthew is a Lecturer at the Adelaide Law School. His PhD from the University of Adelaide addresses the acquisition of property on just terms under s 51(xxxi) of the Australian Constitution. Matthew teaches and researches primarily in the areas of Australian Constitutional Law and International Law.



Dr Melissa de Zwart

Melissa is an Associate Professor, Adelaide Law School, and a Member of the Commonwealth Attorney-General’s Classification Review Board. Having completed her PhD on the topic of Copyright and Fair Dealing in the Digital Environment, she has published widely on matters arising from copyright, freedom of communication, contract, social networking and the internet.


1-2pm, Monday, 5 November 2012

Venue: Pilgrim Hall, 12 Flinders Street


Members and non-members welcome. GDLP students will receive credit for attendance towards GDLP requirements (subject to application to the Law Society). Attendance at this seminar may be recognised for MCPD purposes.


RSVP by Friday, 2 November to Mike Wait by email (

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