Re MacSween; Ex parte Fraser [1956] HCA 76; (1956) 100 CLR 273 (3 December 1956)

HIGH COURT OF AUSTRALIA

RE MacSWEEN; Ex parte FRASER [1956] HCA 76; (1956) 100 CLR 273

Industrial Law (Cth.)

High Court of Australia
Dixon C.J.(1), McTiernan(1), Fullagar(1), Kitto(1) and Taylor(1) JJ.

CATCHWORDS

Industrial Law (Cth.) - Commonwealth Industrial Court - Power to order compliance with rules of registered organisation - Decisions of High Court that earlier legislation in same terms conferred judicial power on the Court of Conciliation and Arbitration - Re-enactment of legislation and conferring of power on Commonwealth Industrial Court when established as judicial tribunal - Whether power judicial or administrative - Whether High Court should reconsider question in view of earlier decisions and action of Parliament - The Constitution (63 & 64 Vict. c. 12), s. 75 (v) - Conciliation and Arbitration Act 1904-1956, s. 141.*

HEARING

Sydney, 1956, December 3. 3:12:1956
APPLICATION for Order Nisi for Prohibition.

DECISION

The oral judgment of the Court was delivered by DIXON C.J.:-
In view of the fact that in enacting s. 141 the legislature has acted upon v. Opitz [1945] HCA 50; (1945) 70 CLR 141 , we think that s. 141 should be treated as vesting part of the judicial power of the Commonwealth and that we ought not to grant an order nisi on a ground which impugns those decisions. (at p276)

2. We do not think that the other ground taken is one within the scope of a writ of prohibition. (at p276)

ORDER

Order accordingly.