Australian National Airways Pty Ltd v Commonwealth (No 1)[1] – most commonly known as Australian National Airways Pty Ltd v Commonwealth and also referred to as The Airlines Case or the ANA Case – was a High Court of Australia decision.
In mid-1945, the Labor Federal Government of Prime Minister Ben Chifley introduced a bill into the House of Representatives that would have the effect of nationalising interstate Airlines in Australia.
[2] At the time, Australian National Airways ("ANA") was the dominant domestic carrier in Australia.
[2] After the bill received Royal Assent as the "Australian Airlines Act (1945)",[3] it was immediately challenged by ANA in the High Court in its "original jurisdiction" as arbiter of Constitutional Law.
[2][1][4] ANA then sought to apply for a certificate under Section 74 of the Constitution of Australia to appeal to the Privy Council for a judgment on further restriction of Commonwealth powers.