Kable v Director of Public Prosecutions (NSW)

Kable v DPP (NSW)
Court	High Court of Australia
Full case name	Kable v The Director of Public Prosecutions for New South Wales
Decided	12 September 1996
Citations	[1996] HCA 24, (1996) 189 CLR 51
Transcripts	18 Aug [1995] HCATrans 260 Special leave 7 Dec [1995] HCATrans 430 8 Dec [1995] HCATrans 433
Case history
Prior action	Kable v Director of Public Prosecutions (1995) 36 NSWLR 374
Subsequent actions	NSW v Kable [2013] HCA 26, (2013) 252 CLR 118
Court membership
Judges sitting	Brennan CJ, Dawson, Toohey, Gaudron, McHugh and Gummow  JJ
Case opinions
(4:2) The Community Protection Act 1994 was an invalid law because it vested the Supreme Court of New South Wales with powers incompatible with its role in the federal judicial structure (per Toohey, Gaudron, McHugh and Gummow JJ; Dawson J & Brennan CJ dissenting)

Kable v DPP,^[1] is a decision of the High Court of Australia. It is a significant case in Australian constitutional law.

The case is notable for having established the 'Kable Doctrine', a precept in Australian law with relevance to numerous important legal issues; including the separation of powers, parliamentary sovereignty, Australian federalism, and the judicial role. It is particularly significant as one of the few restraints upon the otherwise plenary legislative powers of state parliaments in Australia, aside from those imposed by the Commonwealth through section 109.^[a]

The Kable decision is controversial among legal scholars.^[2][3]

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