Ex parte Motions & Prohibitions [1916] HCA 85; (1916) 21 CLR 669 (25 September 1916)

HIGH COURT OF AUSTRALIA

H C of A

25 September 1916

Griffith C.J., Barton, Isaacs, Higgins, Gavan Duffy, Powers and Rich JJ.

Griffith C.J., in the presence of a Full Bench, made the following statement:?

Griffith C.J.

A Full Bench will not take ex parte motions.

When an application is made to the Court for a prohibition directed to the President of the Arbitration Court, the High Court will exercise its discretion by requiring the party applying to take advantage of sec. 21AA of the Commonwealth Conciliation and Arbitration Act, which creates an alternative mode of obtaining a decision on the objection of want of jurisdiction, it being understood that a Justice sitting alone may refer to the Full Court any difficult question of law arising upon the application.