The court did so by adopting a doctrine of " reserved State powers " combined with " implied inter-governmental immunities ", to protect both the Commonwealth and the states from legislative or executive action which " would fetter, control, or interfere with, the free exercise " of the legislative or executive power of the other.
32.
In particular, since there is no mention of " reserved State powers, " only one express inter-governmental immunity ( regarding property taxes : section 114 ), and, an express provision asserting the superiority of valid Commonwealth laws over inconsistent State laws ( section 109 ), there was no longer any room for the doctrine previously asserted in favour of the States.
33.
Having examined the characteristics of the TPA as a law to promote competitive behaviour, the joint judgment held that the extension of derivative governmental immunity from the TPA to a trading corporation would be a " remarkable " conclusion and " far beyond what is necessary to protect the legal rights of governments, or to prevent a divesting of proprietary, contractual or other legal rights and interests ."
34.
""'Australian Competition and Consumer Commission v Baxter Healthcare Pty Ltd " "'( " Baxter " ) was a decision of the High Court of Australia, which ruled on 29 August 2007 that Baxter Healthcare Proprietary Limited, a governmental immunity : whether the immunity of a government from a statute extends to third parties that conduct business with the government.
35.
Therefore, the court held, the limits violated a provision in the Oregon Constitution that " every man shall have remedy by due course of law for injury done him in his person, property, or reputation . " The Court of Appeals also held that the limits could constitutionally be applied to Clarke's claims against OHSU, reasoning that OHSU, as a public corporation, would have been entitled to governmental immunity from suit prior to enactment of the statute.
