R v Foster; Ex p Commonwealth Shipowners' Association [1956] HCA 43

R v Foster; Ex p Commonwealth Shipowners' Association [1956] HCA 43

The proposed order was beyond power because the real dispute concerned whether Australian shipowners could use crews from abroad to bring newly acquired ships into the coastal trade or send disposed ships out of it, not salaries, wages, rates of pay or other terms or conditions of service or employment. Bans or refusals to offer for employment were only measures to enforce that demand and did not convert the dispute into an industrial matter within Pt. XA of the Navigation Act 1912-1953.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Order Nisi Made Absolute
Outcome
Order nisi made absolute for a writ of prohibition; no order as to costs.
Legal Topics
['jurisdiction of the Court of Conciliation and Arbitration' 'industrial Dispute' 'industrial Matters' 'manning of Ships' 'writ of Prohibition']
['industrial Law' 'administrative Law' 'maritime Law'] ['jurisdiction of the Court of Conciliation and Arbitration' 'industrial Dispute' 'industrial Matters' 'manning of Ships' 'writ of Prohibition']

Case Brief

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Procedural Posture

Application for Writ of Prohibition / Order Nisi Made Absolute

Legal Issues

  1. 1 ['Whether the judge of the Court of Conciliation and Arbitration had power under Pt. XA of the Navigation Act 1912-1953 to make or proceed upon an order requiring Australian shipowners to man ships acquired abroad or disposed of for delivery abroad with Australian crews.' 'Whether the disagreement about manning ships with overseas crews was an industrial dispute as to industrial matters within s. 405A and s. 405D of the Navigation Act 1912-1953.']

Ratio Decidendi

The proposed order was beyond power because the real dispute concerned whether Australian shipowners could use crews from abroad to bring newly acquired ships into the coastal trade or send disposed ships out of it, not salaries, wages, rates of pay or other terms or conditions of service or employment. Bans or refusals to offer for employment were only measures to enforce that demand and did not convert the dispute into an industrial matter within Pt. XA of the Navigation Act 1912-1953.

Court Disposition

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

Orders

  • ['Order nisi for a writ of prohibition made absolute.' 'Writ of prohibition prohibiting further proceedings with or upon the order or proposed order described in the order nisi.' 'No order as to costs.']