Roche v Kronheimer [1921] HCA 25

Roche v Kronheimer [1921] HCA 25

The Treaty of Peace Act 1919 and regulation 20 made under it are valid, being within the legislative powers of the Commonwealth Parliament, including defence and external affairs, and the delegation to the Executive is constitutionally permitted.

Parties
Plaintiffs: Roche and Others; Defendants: Kronheimer and Another; Defendant: Acting Deputy Comptroller-General and Public Trustee; Intervener: Attorney-General of the Commonwealth
Jurisdiction
Australia
Judgment Date
02 June 1921
Procedural Posture
Reference and Removal From Supreme Court of Victoria / Validity of Regulation Before High Court
Outcome
Declared validity of Treaty of Peace Act 1919 and reg. 20 of Treaty of Peace Regulations
Legal Topics
Legislative Powers of Commonwealth Parliament, Defence Power, External Affairs Power, Validity of Treaty of Peace Act 1919 and Regulations, Judicial Power
Constitutional Law Legislative Powers of Commonwealth Parliament Defence Power External Affairs Power Validity of Treaty of Peace Act 1919 and Regulations Judicial Power

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Parties

Roche and Others

Plaintiffs

Kronheimer and Another

Defendants

Acting Deputy Comptroller-General and Public Trustee

Defendant

Attorney-General of the Commonwealth

Intervener

Procedural Posture

Reference and Removal From Supreme Court of Victoria / Validity of Regulation Before High Court

Legal Issues

  1. 1 Is the Treaty of Peace Act 1919 within the legislative power of the Commonwealth Parliament?
  2. 2 Are the Treaty of Peace Regulations, specifically regulation 20, validly authorized under the Act?
  3. 3 Does reg. 20 involve an invalid delegation of judicial power?

Ratio Decidendi

The Treaty of Peace Act 1919 and regulation 20 made under it are valid, being within the legislative powers of the Commonwealth Parliament, including defence and external affairs, and the delegation to the Executive is constitutionally permitted.

Court Disposition

Declared validity of Treaty of Peace Act 1919 and reg. 20 of Treaty of Peace Regulations

Orders

  • Treaty of Peace Act 1919 and Treaty of Peace Regulations made under it are valid.
  • Costs as between solicitor and client of all parties in the High Court (other than those of Attorney-General of Commonwealth) to be costs in the summons.