Vanderstock v Victoria

Equity Generation Lawyers represents Christopher Vanderstock and Kathleen Davies in a High Court of Australia action challenging the constitutional validity of the Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) (ZLEV Act).

Chris is a nursing manager living with his family in the suburbs of Melbourne – he drives a fully electric plug in vehicle. Kath is an engineering consultant also living in the Melbourne suburbs – she and her family drive a hybrid electric vehicle. From 1 July 2021, Chris, Kath, and other Victorian electric vehicle drivers are required by the ZLEV Act to maintain a log of the use of their vehicles and pay an annual charge to the Victorian Government based on the number of kilometres driven in the preceding 12 months.

Chris and Kath brought a claim in the High Court of Australia against the State of Victoria to challenge the ZLEV Act. They argued that the State of Victoria lacks the constitutional authority to impose such a charge. The basis of their claim was section 90 of the Commonwealth Constitution, which reserves the exclusive power to levy duties of excise for the Commonwealth. The claim was filed in the Melbourne Registry of the High Court of Australia on 16 September 2021.

The Commonwealth Attorney General intervened in the proceeding in support of our clients’ position on 8 July 2022. The Australian Trucking Association has filed submissions as an amicus curiae or friend of the court in support of our clients’ case.

The Attorneys-General of South Australia, Western Australia, Queensland, New South Wales, Tasmania, the Northern Territory, and the Australian Capital Territory have intervened in the proceedings in support of the State of Victoria’s position.

The High Court’s website for the matter, which contains links to the parties’ submissions and other information, is here.

The case was heard by a full bench of the High Court in Canberra on 14, 15 and 16 February 2023. The transcripts of oral argument before the Court are available on the High Court’s case webpage.

On 18 October 2023, the High Court found in favour of our clients and the Commonwealth and held that the State of Victoria’s Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) is unconstitutional. This means that Victoria’s ZLEV charge is invalid. The High Court’s judgment can be found here.

Mr Vanderstock and Ms Davies are represented by Equity Generation Lawyers.

Ron Merkel KC, Craig Lenehan SC, Frances Gordon, and Thomas Wood are the plaintiffs’ counsel.