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Cole v Whitfield
''Cole v Whitfield'' (1988) 165 CLR 360; () HCA 18 was a landmark High Court of Australia decision where the Court overruled the long-held notion that the words "absolutely free" in Section 92 of the Constitution of Australia protected a personal individual right of freedom in interstate trade. It was instead replaced with the economic notion of "free trade". The unanimous ruling remains controversial today.
== Background ==
Whitfield was a crayfish trader charged with the unlawful possession of undersized crayfish. He resided in Tasmania, but the fish were purchased in South Australia and shipped to Tasmania. Under South Australian state's law, the fish that he purchased were of a lawful size, but under Tasmanian laws, they were undersize. Section 9 of the ''Fisheries Act 1959 (Tasmania)'' empowered the Governor of Tasmania to make regulations relating to a number of subjects, one of which was the classification of undersized fish. The ''Sea Fisheries Regulations 1962'' were made pursuant to the Fisheries Act and regulation 31(1)(d) outlawed catching male crayfish less than 11 cm and female crayfish less than 10.5 cm in length.
Whitfield argued that the disparity in laws between states was an undue burden upon him and in breach of Section 92.
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