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Vanderstock and Anor vs the State of Victoria - order

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Vanderstock and Anor vs the State of Victoria - petition

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On September 16, 2021, two electric vehicle drivers, Mr. Christopher Vanderstock and Ms. Kathleen Davis, brought a claim in the High Court of Australia against the State of Victoria to challenge the Zero and Low Emission Vehicle Distance-based Charge Act 2021 (Vic) (ZLEV Act). The ZLEV Act, adopted in July 2021, introduces a new tax that charges electric vehicle drivers between 2 and 2.5 cents for every kilometer they drive. In addition, drivers of electric vehicles are required to submit annual odometer readings to state authorities from which an annual charge is calculated. The plaintiffs argue that the State of Victoria lacks the constitutional authority to impose such a charge based on Section 90 of the Commonwealth Constitution, which, they claim, reserves the exclusive power to levy such charges for the Commonwealth.

While the plaintiffs do not question the act based on a material issue of law that involves climate change, this case is on the leading edge of an issue and is therefore included on an exceptional basis in the database.

On October 19, 2021, the court set out the timetable for the proceedings. On March 3, 2022, the court made further orders amending the original timetable.

The case was heard by the High Court in February 2023. On October 18, 2023, the court ruled in favour of the plaintiffs, holding that the Vic is unconstitutional and that the ZLEV charge is invalid.

Vanderstock and Anor vs the State of Victoria

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives