“…Thus, during this period, there was a vefold increase on the 1973-1974 funding in recurrent grants and a threefold increase in funding for capital works in independent schools. 8 At the High Court, the plaintiffs, the Attorney General for the State of Victoria and twenty-seven citizens of Victoria, claimed that the nancial assistance given to the States and Territories for capital projects and recurrent expenses of non-government schools was beyond the powers of the Commonwealth parliament. 9 The plaintiffs argued that the assistance was invalid in terms of s.116 of the Constitution by which the 'Commonwealth shall not make any law for establishing any religion.'…”