Jacka v Lewis [1944] HCA 6

Jacka v Lewis [1944] HCA 6

Section 31(1) of the Commonwealth Conciliation and Arbitration Act 1904-1934 does not exclude the appellate jurisdiction of the High Court under s. 73(ii) of the Constitution in respect of orders of the Arbitration Court made in the exercise of judicial power; accordingly, the High Court has jurisdiction to hear the appeal and the motion to set aside the notice of appeal must be dismissed.

Parties
Appellants: Jacka and Others; Respondent/applicant: Lewis (Arthur Lewis)
Jurisdiction
Australia
Procedural Posture
Appeal / Motion to Set Aside Notice of Appeal; Determination of High Court Jurisdiction
Outcome
Motion dismissed with costs (majority); McTiernan J. dissenting would have struck out the appeal as incompetent.
Legal Topics
High Court Appellate Jurisdiction, Statutory Interpretation, Arbitration Court Orders, Limits on Judicial Review
Constitutional Law Labour Law Administrative Law High Court Appellate Jurisdiction Statutory Interpretation Arbitration Court Orders Limits on Judicial Review

Case Brief

Summary, issues, holding and outcome

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Parties

Jacka and Others

Appellants

Lewis (Arthur Lewis)

Respondent/applicant

Procedural Posture

Appeal / Motion to Set Aside Notice of Appeal; Determination of High Court Jurisdiction

Legal Issues

  1. 1 Does s. 31(1) of the Commonwealth Conciliation and Arbitration Act 1904-1934 preclude the High Court's jurisdiction to hear appeals from judicial orders of the Commonwealth Court of Conciliation and Arbitration under s. 73(ii) of the Constitution?
  2. 2 Is the order made by the Arbitration Court subject to appeal to the High Court?

Ratio Decidendi

Section 31(1) of the Commonwealth Conciliation and Arbitration Act 1904-1934 does not exclude the appellate jurisdiction of the High Court under s. 73(ii) of the Constitution in respect of orders of the Arbitration Court made in the exercise of judicial power; accordingly, the High Court has jurisdiction to hear the appeal and the motion to set aside the notice of appeal must be dismissed.

Court Disposition

Motion dismissed with costs (majority); McTiernan J. dissenting would have struck out the appeal as incompetent.

Orders

  • Motion to set aside notice of appeal dismissed with costs.