R v Commonwealth Conciliation & Arbitration Commission; Ex parte Australian Foremen Stevedores' Association [1958] HCA 59

R v Commonwealth Conciliation & Arbitration Commission; Ex parte Australian Foremen Stevedores' Association [1958] HCA 59

The local representative's decision to suspend Buchan and the other waterside workers was never carried into legal effect: no entry of suspension was made in the register or registration cards, no working day occurred before the later intimation that the suspensions were cancelled, and the later intimation was properly treated as revocation of an unimplemented decision. Because no legally effective suspension existed, there was no subject matter for an appeal under s. 37 and the Commission had no jurisdiction to proceed.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Return of Order Nisi in the High Court of Australia
Outcome
Order nisi made absolute; writ of prohibition granted; no order as to costs.
Legal Topics
['writ of Prohibition' 'jurisdiction of Commonwealth Conciliation and Arbitration Commission' 'stevedoring Industry Registration' 'suspension of Waterside Workers' 'jurisdictional Fact']
['administrative Law' 'industrial Law' 'constitutional Law'] ['writ of Prohibition' 'jurisdiction of Commonwealth Conciliation and Arbitration Commission' 'stevedoring Industry Registration' 'suspension of Waterside Workers' 'jurisdictional Fact']

Case Brief

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Procedural Posture

Application for Writ of Prohibition / Return of Order Nisi in the High Court of Australia

Legal Issues

  1. 1 ['Whether there was any legally effective suspension of the registration of Buchan and the other waterside workers under s. 36 of the Stevedoring Industry Act against which an appeal could be brought under s. 37.' 'Whether the Commonwealth Conciliation and Arbitration Commission had jurisdiction to entertain the purported appeals.' "Whether the Commission had jurisdiction in the appeals to inquire into allegations that Krespi was assaulted by O'Brien and Sykes."]

Ratio Decidendi

The local representative's decision to suspend Buchan and the other waterside workers was never carried into legal effect: no entry of suspension was made in the register or registration cards, no working day occurred before the later intimation that the suspensions were cancelled, and the later intimation was properly treated as revocation of an unimplemented decision. Because no legally effective suspension existed, there was no subject matter for an appeal under s. 37 and the Commission had no jurisdiction to proceed.

Court Disposition

Order nisi made absolute; writ of prohibition granted; no order as to costs.

Orders

  • ['Order absolute for a writ of prohibition directed to the learned Presidential Member of the Commission constituting the Commonwealth Conciliation and Arbitration Commission for the purposes of Div. 4 of Pt. III of the Conciliation and Arbitration Act 1904-1957, and exercising or purporting to exercise authority...