The applicant sought to raise a number of questions in the proceedings regarding the validity of the Water Act 2007 and s 10o of the Constitution. In substance the Applicant’s case was that the Commonwealth, aided and abetted in various ways by the State of Victoria and the Third Respondent (which is a statutory authority created under Victorian legislation), had contravened s 100 of the Constitution. Section 100 provides: "The Commonwealth shall not, by any law or regulation of trade or commerce, abridge the right of the State or of the residents therein to the reasonable use of the waters of rivers for conservation or irrigation". On 16 April 2010 Justice Tracey summarily dismissed the case, finding that the applicant had not identified an immediate right, duty or liability for the Court to determine.