In Western Australia v Commonwealth (1975), the High Court upheld the constitutional validity of the law for Senate representation.

The State of Western Australia, which had also been a plaintiff in the 1975 case, brought an action challenging the constitutional validity of the laws providing for territory representation in the House of Representatives.

The remaining members of the majority in the 1975 case - Mason, Jacobs and Murphy JJ - wrote opinions affirming their continued view of the correctness of their earlier judgments.

[1] pages 606-12 Mason J further supported his conclusion by referring to the inclusion, earlier that year, of the territories in Constitutional referendum.

Although Gibbs J concluded that the Court was not bound by its previous decision and should be slow to apply stare decisis in Constitutional cases, he followed the decision in Western Australia v Commonwealth because the only relevant circumstance justifying a reconsideration of the earlier case had been a change in the Court's membership and that the legislation had been acted upon and Senators from the territories had been elected.