Federated Engine Drivers' and Firemen's Association of Australasia Claimants; and Colonial Sugar Refining Company Limited [1916] HCA 55

Federated Engine Drivers' and Firemen's Association of Australasia Claimants; and Colonial Sugar Refining Company Limited [1916] HCA 55

Section 214a of the Commonwealth Conciliation and Arbitration Act 1904-1915 is a valid exercise of legislative power; specifically, Parliament may except decisions of a Justice sitting in Chambers from appellate review by the High Court as authorised by section 73 of the Constitution. The provision purporting to oust all forms of challenge does not operate to exclude the remedies guaranteed under s 75(v), and the section does not apply to decisions of the Court or a Justice sitting in open Court. The section, in substance, confers jurisdiction to decide disputes of the kind, with the extent of finality Parliament can provide.

Parties
Claimant: Federated Engine Drivers' and Firemen's Association of Australasia; Respondent: Colonial Sugar Refining Co. Ltd.; Respondent: Brisbane Tramways Co. and other respondents; Intervener: The Commonwealth (intervening)
Jurisdiction
Australia
Judgment Date
20 September 1916
Procedural Posture
Constitutional/reference / Reference to Full Court From Single Justice on Motion Made Under Statutory Provision
Outcome
Declaration that section 214a is valid. Case remitted.
Legal Topics
Validity of Legislation, Jurisdiction of High Court, Appellate Jurisdiction Exceptions, Conciliation and Arbitration Court Procedures
Constitutional Law Industrial Law Judicial Power Validity of Legislation Jurisdiction of High Court Appellate Jurisdiction Exceptions Conciliation and Arbitration Court Procedures

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 25 Party arguments 2
Sign in to unlock

Parties

Federated Engine Drivers' and Firemen's Association of Australasia

Claimant

Colonial Sugar Refining Co. Ltd.

Respondent

Brisbane Tramways Co. and other respondents

Respondent

The Commonwealth (intervening)

Intervener

Procedural Posture

Constitutional/reference / Reference to Full Court From Single Justice on Motion Made Under Statutory Provision

Legal Issues

  1. 1 Whether section 214a of the Commonwealth Conciliation and Arbitration Act 1904-1915 is a valid exercise of legislative power
  2. 2 Whether the Commonwealth Parliament may except decisions from appellate jurisdiction under s 73 of the Constitution
  3. 3 Whether sub-section 4 of section 214a, declaring decisions of a Justice final and not subject to appeal or challenge, is valid

Ratio Decidendi

Section 214a of the Commonwealth Conciliation and Arbitration Act 1904-1915 is a valid exercise of legislative power; specifically, Parliament may except decisions of a Justice sitting in Chambers from appellate review by the High Court as authorised by section 73 of the Constitution. The provision purporting to oust all forms of challenge does not operate to exclude the remedies guaranteed under s 75(v), and the section does not apply to decisions of the Court or a Justice sitting in open Court. The section, in substance, confers jurisdiction to decide disputes of the kind, with the extent of finality Parliament can provide.

Court Disposition

Declaration that section 214a is valid. Case remitted.

Orders

  • Declaration that section 214a is valid
  • Order that the case be remitted