R v Ludeke; Ex parte Australian Building Construction Employees' and Builders Labourers' Federation [1985] HCA 84

R v Ludeke; Ex parte Australian Building Construction Employees' and Builders Labourers' Federation [1985] HCA 84

The Building Industry Act 1985 (Cth) is valid as it is incidental to the conciliation and arbitration power for prevention and settlement of interstate industrial disputes. Parliament has wide discretion to regulate, control and deregister organizations created under the Conciliation and Arbitration Act, subject to constitutional limits. The challenged provisions do not amount to an unconstitutional acquisition of property, nor do they confer judicial power on a non-judicial body as the Commission's power is administrative and declaratory, serving as a condition precedent to executive action. The discretionary and deeming provisions of the Act are constitutionally permissible, and the Act...

Jurisdiction
Australia
Procedural Posture
Constitutional Law Challenge / Application for Writ of Prohibition / Demurrer / Judgment After Oral and Written Argument
Outcome
Order nisi for a writ of prohibition discharged with costs. Demurrer allowed with costs.
Legal Topics
['validity of Statute' 'delegation of Power' 'separation of Powers' 'acquisition of Property' 'registration and Deregistration of Organizations']
['constitutional Law' 'industrial Law'] ['validity of Statute' 'delegation of Power' 'separation of Powers' 'acquisition of Property' 'registration and Deregistration of Organizations']

Case Brief

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Procedural Posture

Constitutional Law Challenge / Application for Writ of Prohibition / Demurrer / Judgment After Oral and Written Argument

Legal Issues

  1. 1 ['Is the Building Industry Act 1985 (Cth) valid under the Constitution?' 'Does the Act exceed the powers conferred by s. 51(xxxv) and (xxxix) of the Constitution?' 'Does the Act involve an unlawful acquisition of property on other than just terms?' "Do the Act's provisions amount to an invalid conferral of judicial power on a non-judicial body?" 'Are any deeming or delegation provisions of the Act invalid?']

Ratio Decidendi

The Building Industry Act 1985 (Cth) is valid as it is incidental to the conciliation and arbitration power for prevention and settlement of interstate industrial disputes. Parliament has wide discretion to regulate, control and deregister organizations created under the Conciliation and Arbitration Act, subject to constitutional limits. The challenged provisions do not amount to an unconstitutional acquisition of property, nor do they confer judicial power on a non-judicial body as the Commission's power is administrative and declaratory, serving as a condition precedent to executive action. The discretionary and deeming provisions of the Act are constitutionally permissible, and the Act...

Court Disposition

Order nisi for a writ of prohibition discharged with costs. Demurrer allowed with costs.

Orders

  • ['Order nisi for a writ of prohibition discharged with costs.' 'Demurrer allowed with costs.']