Which case would be better to use in the county court case


Problem

The Australian Constitution divides the power to legislate between the states and the Commonwealth. What is the effect of section 109 of the Constitution?

You are a lawyer representing a client in a County Court case in Victoria. You find two relevant cases. The first is a case decided in the Supreme Court of South Australia in 2022. The second is a case decided in the Supreme Court of Victoria in 2011. Which case would be better to use in the County Court case and why?

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