R v Association of Professional Engineers, Australia; Ex parte Victoria [1957] HCA 95

R v Association of Professional Engineers, Australia; Ex parte Victoria [1957] HCA 95

The log of claims, although capable of some uncertainty at the margins, was not so vague or uncertain as to be incapable of giving rise to an industrial dispute. Its central demand for minimum salaries for professional engineers was sufficiently clear, and the officers receiving it ought fairly to have understood its intendment. Accordingly the grounds for prohibition were not sustained.

Jurisdiction
Australia
Procedural Posture
Order Nisi for a Writ of Prohibition / Hearing and Determination of Whether the Order Nisi Should Be Made Absolute or Discharged
Outcome
Order nisi discharged with costs to be paid by the prosecutors.
Legal Topics
['industrial Dispute' 'conciliation and Arbitration' 'paper Demands' 'writ of Prohibition' 'vagueness and Uncertainty of Log of Claims']
['industrial Law' 'constitutional Law' 'administrative Law'] ['industrial Dispute' 'conciliation and Arbitration' 'paper Demands' 'writ of Prohibition' 'vagueness and Uncertainty of Log of Claims']

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Procedural Posture

Order Nisi for a Writ of Prohibition / Hearing and Determination of Whether the Order Nisi Should Be Made Absolute or Discharged

Legal Issues

  1. 1 ['Whether the log of claims and accompanying letter were so vague, indefinite, uncertain or contradictory that failure to respond could not give rise to an industrial dispute within the meaning of the Conciliation and Arbitration Act 1904-1956 and the Constitution.' 'Whether the claim for remuneration was a clear demand for minimum salaries or merely a request that employers agree individually with employees upon remuneration.' 'Whether Mr. Portus could proceed with the hearing and determination of the alleged industrial dispute.']

Ratio Decidendi

The log of claims, although capable of some uncertainty at the margins, was not so vague or uncertain as to be incapable of giving rise to an industrial dispute. Its central demand for minimum salaries for professional engineers was sufficiently clear, and the officers receiving it ought fairly to have understood its intendment. Accordingly the grounds for prohibition were not sustained.

Court Disposition

Order nisi discharged with costs to be paid by the prosecutors.

Orders

  • ['Discharge the order nisi with costs to be paid by the prosecutors.']