Full Court Minute Books

Case B57/2012

Maloney v. The Queen

Case No.


Case Information

Lower Court Judgment

20/04/2012 Supreme Court of Queensland (Court of Appeal) (McMurdo P, Chesterman JA, Daubney J)

[2012] QCA 105


Statutes – Interpretation – Racial discrimination – The community area of the Palm Island Shire Council declared a 'restricted area' pursuant to s 147G of the Liquor Act 1992 (Q) – Applicant convicted of possessing liquor in the Palm Island restricted area pursuant to s 168B(1) of the Liquor Act – Whether liquor restrictions contravene s 10 of the Racial Discrimination Act 1975 (Cth) – Whether liquor restrictions valid as special measure within the meaning of s 8 of the Racial Discrimination Act.

Constitutional law (Cth) – Inconsistency between Commonwealth and State laws – Whether State law inconsistent with Commonwealth law and invalid to extent of inconsistency.

Short Particulars


05/10/2012 Hearing (SLA, Canberra by v/link to Brisbane)

19/10/2012 Notice of appeal

19/10/2012 Notice of constitutional matter (Appellant)

26/10/2012 Written submissions (Appellant)

26/10/2012 Chronology (Appellant)

16/11/2012 Written submissions (Respondent)

23/11/2012 Written submissions (Attorney-General of the Commonwealth intervening)

23/11/2012 Written submissions (Attorney-General for the State of South Australia intervening)

23/11/2012 Written submissions (Attorney-General for the State of Western Australia intervening)

23/11/2012 Written submissions (Australian Human Rights Commission seeking leave to intervene)

28/11/2012 Written submissions (National Congress of Australia's First Peoples Ltd seeking leave to appear as amicus curiae)

30/11/2012 Reply

11/12/2012 Hearing (Full Court, Canberra)

12/12/2012 Hearing (Full Court, Canberra)

19/06/2013 Judgment  (Judgment summary)