Consolidated Press Limited v Australian Journalists' Association [1947] HCA 11

Consolidated Press Limited v Australian Journalists' Association [1947] HCA 11

Refusals to make orders under ss. 58D or 60 of the Commonwealth Conciliation and Arbitration Act 1904-1946 are not exercises of judicial power but part of the arbitral function of the Commonwealth Court of Conciliation and Arbitration, so no appeal lies to the High Court under s. 73 of the Constitution.

Source-derived case information.

Parties
Appellant: Consolidated Press Ltd.; Appellant: Brian Con Penton; Respondent: Australian Journalists' Association
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Orders of the Commonwealth Court of Conciliation and Arbitration Dismissing Two Summons
Outcome
Appeals dismissed for want of jurisdiction
Legal Topics
Judicial Power, Appeal Jurisdiction, Arbitration Law, Industrial Associations, Registration of Associations, Disallowance of Rules
Constitutional Law Industrial Law Labour Law Judicial Power Appeal Jurisdiction Arbitration Law Industrial Associations Registration of Associations +1 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Consolidated Press Ltd.

Appellant

Brian Con Penton

Appellant

Australian Journalists' Association

Respondent

Procedural Posture

Appeal / Appeal From Orders of the Commonwealth Court of Conciliation and Arbitration Dismissing Two Summons

Legal Issues

  1. 1 Whether orders or refusals under ss. 58D or 60 of the Commonwealth Conciliation and Arbitration Act 1904-1946 are judicial orders subject to appeal under s. 73 of the Constitution
  2. 2 Whether the Commonwealth Court of Conciliation and Arbitration was exercising judicial power in refusing to de-register an organization or disallow rules as tyrannical or oppressive

Ratio Decidendi

Refusals to make orders under ss. 58D or 60 of the Commonwealth Conciliation and Arbitration Act 1904-1946 are not exercises of judicial power but part of the arbitral function of the Commonwealth Court of Conciliation and Arbitration, so no appeal lies to the High Court under s. 73 of the Constitution.

Court Disposition

Appeals dismissed for want of jurisdiction

Orders

  • Appeals dismissed for want of jurisdiction with costs.