Rowell, Anthony Roland v Child, Douglas Braddon [1983] FCA 129

Rowell, Anthony Roland v Child, Douglas Braddon [1983] FCA 129

Sections 147 and 191 of the Conciliation and Arbitration Act 1904 do not evince an intention to displace the jurisdiction of State courts granted by s.39(2) of the Judiciary Act 1903. The Magistrates' Court had jurisdiction to convict and sentence the appellant for offences under s.171. However, under s.197A of the Act, the Magistrates' Court lacked power to order costs upon conviction, and such an order must be set aside.

Parties
Appellant (accused): Anthony Ronald Rowell; Respondent (informant): Douglas Braddon Child
Jurisdiction
Australia
Judgment Date
05 July 1983
Procedural Posture
Appeals From Magistrates' Court and County Court Decisions Criminal Prosecution Under Federal Industrial Law / Judgment on Appeal
Outcome
Appeal from County Court allowed; order of County Court set aside. Appeal from Magistrates' Court dismissed, but order varied to set aside order for costs.
Legal Topics
Jurisdiction of State and Federal Courts, Summary Conviction, Interpretation of Statutes, Exclusive Federal Jurisdiction, Costs in Criminal Proceedings
Industrial Law Criminal Law Constitutional Law Jurisdiction of State and Federal Courts Summary Conviction Interpretation of Statutes Exclusive Federal Jurisdiction Costs in Criminal Proceedings

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Parties

Anthony Ronald Rowell

Appellant (accused)

Douglas Braddon Child

Respondent (informant)

Procedural Posture

Appeals From Magistrates' Court and County Court Decisions Criminal Prosecution Under Federal Industrial Law / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrates' Court of Victoria had jurisdiction to hear and determine a prosecution for offences against s.171 of the Conciliation and Arbitration Act 1904
  2. 2 Whether s.191 or s.147 of the Conciliation and Arbitration Act 1904 confers exclusive jurisdiction on the Federal Court to the exclusion of State courts

Ratio Decidendi

Sections 147 and 191 of the Conciliation and Arbitration Act 1904 do not evince an intention to displace the jurisdiction of State courts granted by s.39(2) of the Judiciary Act 1903. The Magistrates' Court had jurisdiction to convict and sentence the appellant for offences under s.171. However, under s.197A of the Act, the Magistrates' Court lacked power to order costs upon conviction, and such an order must be set aside.

Court Disposition

Appeal from County Court allowed; order of County Court set aside. Appeal from Magistrates' Court dismissed, but order varied to set aside order for costs.

Orders

  • The appeal from the judgment of the County Court be allowed and the order therein set aside.
  • The appeal from the Magistrates' Court order be dismissed, except that any order for costs is set aside.