Australian Sugar Producers' Association Ltd v Australian Workers' Union [1917] HCA 78; (1917) 23 CLR 58 (11 January 1917)

HIGH COURT OF AUSTRALIA

H C of A

On appeal from the Supreme Court of Queensland.

11 January 1917

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

Rolin K.C. and Grove, for the appellants.

Leverrier K.C. and Armstrong, for the respondents.

Jan. 11, 1917

Griffith C.J.

Since this matter was ordered to be set down for judgment it has come to the knowledge of the Court that on 18th December an Act was passed by the Parliament of Queensland called the Industrial Arbitration Act of 1916, which is to come into operation on a date to be proclaimed by the Governor in Council. I have ascertained by information from Queensland that it will be proclaimed to come into operation to-morrow. Amongst other provisions is one in sec. 3 that "all subsisting awards and orders made or purporting to have been made under the authority of the repealed Act" ?which is the Act under discussion in this case?"shall be valid and binding, and until rescinded or superseded under this Act shall continue in force and shall be deemed to have been made under this Act. All such awards shall be deemed to have been made by the Court under this Act." One of the objections made to the award in this case was as to its retrospectivity. There is express provision in the new Act (sec. 8) that the Court may make an award giving retrospective effect to the award. That Act expresses the definite intentions of the Legislature of Queensland, and it is plain that in face of those express intentions this Court, if it thought it otherwise right to grant prohibition, cannot do so. Under these circumstances the Court cannot with propriety give any opinion upon the question now before it. The parties may desire to raise questions as to costs, and the proper course is to adjourn the matter sine die. Either party may make any application they may desire.

Matter adjourned sine die. Liberty to apply.

Solicitors for the appellants, Morris & Fletcher, Brisbane.

Solicitor for the respondents, E. Quinlan, Brisbane.