Assume that there is a validly enacted
Commonwealth Act (the Civil Actions Act 2024 (Cth)) which states the following:
‘It is illegal to place
limits on the damages that may be claimed in a civil action.’ Assume also that there is a piece of Victorian
legislation (the Cap on Damages Act 2022 (Vic)) which states the
following:
‘The maximum damages
required to be paid in civil actions cannot exceed $100,000,000.’
Which of the following is CORRECT ?

Question

Assume that there is a validly enacted
Commonwealth Act (the Civil Actions Act 2024 (Cth)) which states the following: 
  ‘It is illegal to place
limits on the damages that may be claimed in a civil action.’ Assume also that there is a piece of Victorian
legislation (the Cap on Damages Act 2022 (Vic)) which states the
following: 
  ‘The maximum damages
required to be paid in civil actions cannot exceed $100,000,000.’ 
 Which of the following is  CORRECT ?

Answer

As State laws are more specific than Federal
laws, this specific (Victorian) statute should be applied in preference to the
general (Commonwealth) legislation.

Answer

When a law of a State is inconsistent with a law
of the Commonwealth, the former shall prevail, and the latter shall be invalid
to the extent of the inconsistency.

Answer

The Act which was passed more recently will
prevail.

Answer

Pursuant to section 109 of the Australian
Constitution, the Commonwealth Act will prevail, and the State law will, to the
extent of the inconsistency, be invalid.

Crowdly

Assume that there is a validly enacted Commonwealth Act (the Civil Actions Act 2...

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