Clayton v Heffron [1960] HCA 92

Clayton v Heffron [1960] HCA 92

The majority held that section 5B of the Constitution Act 1902 (NSW) is valid and provides a lawful process for enacting laws without the Legislative Council's consent, provided the procedure is substantially followed. The Legislative Council's refusal to deliberate on the Bill amounts to a rejection for the purposes of s. 5B. Steps such as a free conference or a joint sitting, if thwarted by the Council's refusal, do not fatally invalidate the process when the procedure is otherwise followed, and the Bill may proceed to referendum. Accordingly, there is no legal ground to restrain the holding of a referendum under s. 5B in these circumstances.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / High Court Special Leave Application
Outcome
Special leave to appeal refused with costs.
Legal Topics
['validity of S. 5 B Constitution Act 1902 (nsw)' 'manner and Form Requirements' 'legislative Process' 'abolition of Legislative Council' 'injunctions Restraining Referendums']
['constitutional Law' 'equity'] ['validity of S. 5 B Constitution Act 1902 (nsw)' 'manner and Form Requirements' 'legislative Process' 'abolition of Legislative Council' 'injunctions Restraining Referendums']

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Procedural Posture

Application for Special Leave to Appeal / High Court Special Leave Application

Legal Issues

  1. 1 ['Is section 5B of the Constitution Act 1902-1956 (NSW) valid?' 'Have the procedural requirements of s. 5B been complied with?' "Does the Legislative Council's refusal to participate constitute rejection/failure to pass under s. 5B?" 'Can injunctions issue to restrain the holding of a referendum under s. 5B?']

Ratio Decidendi

The majority held that section 5B of the Constitution Act 1902 (NSW) is valid and provides a lawful process for enacting laws without the Legislative Council's consent, provided the procedure is substantially followed. The Legislative Council's refusal to deliberate on the Bill amounts to a rejection for the purposes of s. 5B. Steps such as a free conference or a joint sitting, if thwarted by the Council's refusal, do not fatally invalidate the process when the procedure is otherwise followed, and the Bill may proceed to referendum. Accordingly, there is no legal ground to restrain the holding of a referendum under s. 5B in these circumstances.

Court Disposition

Special leave to appeal refused with costs.

Orders

  • ['Special leave to appeal refused with costs.']