Pirrie v McFarlane[1] is a landmark decision of the High Court of Australia on Intergovernmental immunity between tiers of government in the Australian Constitution.

The Supreme Court of Victoria declined to hear the case, as it involved a question as to the limits inter se of the constitutional powers of the State and the Commonwealth, leaving it to be considered by the High Court under s. 40A of the Judiciary Act 1903, which at that time stated: 40A (1).

'[4] The finding retained the constitutional interpretation that both levels of government could be subject to interference by the other, and that neither was absolutely immune from the other's laws.

Knox CJ declared: It follows from the opinion expressed by the majority of the Court in the Engineers' Case, that in the present case the defendant can derive no assistance from the doctrine of implied immunity of Federal instrumentalities nor can he rely on the decision in D'Emden v. Pedder, unless he can establish that sec.

...The Commonwealth Parliament has, in my opinion, undoubted power, by legislation with respect to a subject which is within the ambit of its legislative powers, to override the provisions of any State law, but in the absence of any such enactment the State law must be given its full effect.The case had also been appealed to the Judicial Committee of the Privy Council, which subsequently declined to pursue the matter, declaring that "the basis of the appeal has disappeared, and the other questions which are raised upon it, interesting as they might prove to be, have become academic so far as this case is concerned.