The Hammond's case in 1997 regarding tabacco taxes ruled in favour of the Federal Government as through section 90, the excise fees are reserved for the Commonwealth, and thus altering the Federal Balance, throwing into doubt the validity of State taxation on liquor similarly to the tabacco tax decisions have extensively altered the Federal Balance in Favour of the Commonwealth.
The High Court has also had a great impact on the Legal system through decisions it has handed down involving Common law issues and the operation of rights. Cases which evince this are, Tasmanian Dams Case (1983) and Mabo (1993). In Tasmanian Dams case (1983) section 51(29) external affairs allowed the Commonwealth to stop the Tasmanian Government from building a dam inside a world heritage area. The Commonwealth had previously signed an international treaty nominating this area for world heritage listing. Hence through section 51(29) the Tasmanian Government was unable to touch the land in which they had intended on. .
Mabo case (1993) is one of the most evident case involving Common Law and implied rights. The High Court upheld that section 51(31) Australia was not a Terra Nullis when settled by the British in 1788. The Court said that native title could be possessed by people who contrived to use the land and where traditional connection with the land had been substantially maintained, but the Court also said that the crown grant which gave an interest in the land that was inconsistent with a native title claim, would extinguish that native title. The Court made it very clear that State and Territory Governments would be limited in the way that they might negotiate land claims through legislative or executive action. This was because of the Commonwealth's Racial Discrimination Act would apply and prevent discrimination against Aboriginal's and Torres Straight Islanders. Western Australia then tried to avoid this High Court ruling by legislative means.
