ABSTRACT
Clashes between Commonwealth and State laws are inevitable, given that, with the exception of the exclusive powers contained in ss 52, 90, 114 and 115, all topics lying within the legislative capacity of the Commonwealth may also be legislated on by the States. Should a clash occur, the provisions of s 109 apply:
Before examining the ways in which inconsistency may arise, it is necessary to discuss a few general points about s 109.
