Willocks v Anderson [1971] HCA 28

Willocks v Anderson [1971] HCA 28

Section 27 of the Apple and Pear Organization Act 1938-1966 Cth did not expressly or impliedly authorize the Governor-General to make regulations conferring original jurisdiction on the High Court. Pt VI of the Apple and Pear Organization (Election of Board) Regulations therefore exceeded the regulation-making power, was ultra vires and invalid, and the High Court had no jurisdiction to entertain or determine the petition.

Jurisdiction
Australia
Procedural Posture
Petition Disputing Election to the Australian Apple and Pear Board / Jurisdictional Question Referred to the Full Court After Respondent Challenged Jurisdiction on an Interlocutory Application
Outcome
First question answered No; second question unnecessary to answer; petition dismissed as incompetent with no order as to costs.
Legal Topics
['high Court Original Jurisdiction' 'delegated Legislation' 'validity of Regulations' 'disputed Elections to Statutory Boards' 'ultra Vires Regulations']
['constitutional Law' 'administrative Law' 'election Law'] ['high Court Original Jurisdiction' 'delegated Legislation' 'validity of Regulations' 'disputed Elections to Statutory Boards' 'ultra Vires Regulations']

Case Brief

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Procedural Posture

Petition Disputing Election to the Australian Apple and Pear Board / Jurisdictional Question Referred to the Full Court After Respondent Challenged Jurisdiction on an Interlocutory Application

Legal Issues

  1. 1 ['Whether the High Court had jurisdiction to entertain and hear the petition disputing the election of a member of the Australian Apple and Pear Board.' 'Whether Pt VI of the Apple and Pear Organization (Election of Board) Regulations validly conferred jurisdiction on the High Court.' 'Whether s. 27 of the Apple and Pear Organization Act 1938-1966 Cth authorized regulations conferring original jurisdiction on the High Court.']

Ratio Decidendi

Section 27 of the Apple and Pear Organization Act 1938-1966 Cth did not expressly or impliedly authorize the Governor-General to make regulations conferring original jurisdiction on the High Court. Pt VI of the Apple and Pear Organization (Election of Board) Regulations therefore exceeded the regulation-making power, was ultra vires and invalid, and the High Court had no jurisdiction to entertain or determine the petition.

Court Disposition

First question answered No; second question unnecessary to answer; petition dismissed as incompetent with no order as to costs.

Orders

  • ['The first question referred to the Court, whether the Court has jurisdiction to entertain and hear the petition, is answered No.' 'The second question is unnecessary to answer.' 'The petition is dismissed as incompetent.' 'No order as to costs.']