Butler v Attorney-General (Vic) [1961] HCA 32

Butler v Attorney-General (Vic) [1961] HCA 32

A majority held that the Public Service Act 1946 (Vic), by specifying an exhaustive procedure and criteria for promotion in the Public Service, impliedly repealed or displaced the application of the Preference Act's preference provisions for discharged servicemen in relation to promotion within the Public Service....

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Demurrer / Judgment on Demurrer; Full Court of the High Court of Australia
Outcome
Demurrer allowed. Action dismissed with costs.
Legal Topics
['state and Commonwealth Legislative Inconsistency' 'implied Repeal of Statutes' 'preference for Discharged Servicemen in Employment' 'effect of S. 109 of the Constitution' 'public Service Promotion Procedures']
['constitutional Law' 'statutory Interpretation' 'public Service Law'] ['state and Commonwealth Legislative Inconsistency' 'implied Repeal of Statutes' 'preference for Discharged Servicemen in Employment' 'effect of S. 109 of the Constitution' 'public Service Promotion Procedures']

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Procedural Posture

Demurrer / Judgment on Demurrer; Full Court of the High Court of Australia

Legal Issues

  1. 1 ["Does the Discharged Servicemen's Preference Act 1943 (Vic) revive and operate after the expiration of the inconsistent Commonwealth scheme?" 'Was there an implied repeal of the Preference Act in relation to the Public Service by the later Public Service Act 1946 (Vic)?']

Ratio Decidendi

A majority held that the Public Service Act 1946 (Vic), by specifying an exhaustive procedure and criteria for promotion in the Public Service, impliedly repealed or displaced the application of the Preference Act's preference provisions for discharged servicemen in relation to promotion within the Public Service. Consequently, the plaintiff could not rely on the Preference Act for promotion preference in the Public Service. The minority held there was no necessary inconsistency and thus no implied repeal, so the Preference Act's preference provisions continued to apply.

Court Disposition

Demurrer allowed. Action dismissed with costs.

Orders

  • ['Demurrer allowed with costs.' 'Action dismissed with costs.']