R v Kelly; Ex parte Commonwealth Public Service Clerical Association [1955] HCA 20

R v Kelly; Ex parte Commonwealth Public Service Clerical Association [1955] HCA 20

Section 19 of the Public Service Arbitration Act 1920-1952 does not bar an organization from being represented by its officer who is a barrister, provided the officer acts in that capacity and not as counsel. The Chief Judge's refusal on this ground was a misconstruction of s. 19, and mandamus lies to correct it.

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Application for Order Nisi (mandamus) / Judgment on Whether to Make Order Nisi Absolute
Outcome
Mandamus is available but order not made absolute; no present order made.
Legal Topics
['representation Before Tribunals' 'statutory Interpretation' 'mandamus']
['administrative Law' 'industrial Law'] ['representation Before Tribunals' 'statutory Interpretation' 'mandamus']

Source-derived case record

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Procedural Posture

Application for Order Nisi (mandamus) / Judgment on Whether to Make Order Nisi Absolute

Legal Issues

  1. 1 ["Does s. 19 of the Public Service Arbitration Act 1920-1952 preclude an organization's officer, who is also a barrister, from representing the organization?" "Is mandamus available to correct the Chief Judge's refusal to permit such representation?"]

Ratio Decidendi

Section 19 of the Public Service Arbitration Act 1920-1952 does not bar an organization from being represented by its officer who is a barrister, provided the officer acts in that capacity and not as counsel. The Chief Judge's refusal on this ground was a misconstruction of s. 19, and mandamus lies to correct it.

Court Disposition

Mandamus is available but order not made absolute; no present order made.

Orders

  • []