Cockle v Isaksen [1957] HCA 85

Cockle v Isaksen [1957] HCA 85

Section 113(3) of the Conciliation and Arbitration Act 1904-1956 is a valid exercise of Parliament's power under s. 73 of the Constitution to prescribe exceptions from the High Court's appellate jurisdiction by reference to subject matter. Therefore, these appeals are incompetent and must be struck out.

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal Against Dismissal of Informations in Court of Petty Sessions
Legal Topics
['appellate Jurisdiction' 'exceptions Under S. 73' 'validity of S. 113 Conciliation and Arbitration Act']
['constitutional Law' 'industrial Law'] ['appellate Jurisdiction' 'exceptions Under S. 73' 'validity of S. 113 Conciliation and Arbitration Act']

Source-derived case record

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Procedural Posture

Appeal / Appeal Against Dismissal of Informations in Court of Petty Sessions

Legal Issues

  1. 1 ['Whether s. 113(3) of the Conciliation and Arbitration Act validly excludes appeals to the High Court' "Whether Parliament's power under s. 73 of the Constitution to prescribe exceptions includes appeals defined by subject matter" 'Whether the High Court has jurisdiction to hear these appeals']

Ratio Decidendi

Section 113(3) of the Conciliation and Arbitration Act 1904-1956 is a valid exercise of Parliament's power under s. 73 of the Constitution to prescribe exceptions from the High Court's appellate jurisdiction by reference to subject matter. Therefore, these appeals are incompetent and must be struck out.

Court Disposition

Orders

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