In the matter of an application by Mellor, Shirley for an inquiry into elections in the Queensland Branch of the Federated Liquor and Allied Industries Employees Union of Australia [1986] FCA 532

In the matter of an application by Mellor, Shirley for an inquiry into elections in the Queensland Branch of the Federated Liquor and Allied Industries Employees Union of Australia [1986] FCA 532

Part IX of the Conciliation and Arbitration Act 1904 does not attempt to confer non-judicial power on the Court contrary to the judicial power of the Commonwealth. The powers conferred are capable of being judicial and the Court acting within them does not exceed jurisdiction. The objection to jurisdiction fails.

Parties
Applicant: Shirley Mellor; Candidate: Elton; Candidate: Hardie; Candidate: Bell; Candidate: Ms. Que; Returning Officer: Australian Electoral Commission; Commissioner: Commissioner of the Australian Federal Police; Intervener: Attorney-General for the Commonwealth
Jurisdiction
Australia
Judgment Date
17 November 1986
Procedural Posture
Application for Election Inquiry / Ruling on Jurisdictional Objection/preliminary Argument
Outcome
Objection to jurisdiction fails; court will proceed to hear inquiry.
Legal Topics
Judicial Power of the Commonwealth, Jurisdiction, Registered Organisations, Election Inquiries
Industrial Law Judicial Power of the Commonwealth Jurisdiction Registered Organisations Election Inquiries

Case Brief

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Parties

Shirley Mellor

Applicant

Elton

Candidate

Hardie

Candidate

Bell

Candidate

Ms. Que

Candidate

Australian Electoral Commission

Returning Officer

Commissioner of the Australian Federal Police

Commissioner

Attorney-General for the Commonwealth

Intervener

Procedural Posture

Application for Election Inquiry / Ruling on Jurisdictional Objection/preliminary Argument

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to conduct an inquiry into an election under Part IX of the Conciliation and Arbitration Act 1904
  2. 2 Whether the conferral of power by Part IX is a valid exercise of judicial power of the Commonwealth

Ratio Decidendi

Part IX of the Conciliation and Arbitration Act 1904 does not attempt to confer non-judicial power on the Court contrary to the judicial power of the Commonwealth. The powers conferred are capable of being judicial and the Court acting within them does not exceed jurisdiction. The objection to jurisdiction fails.

Court Disposition

Objection to jurisdiction fails; court will proceed to hear inquiry.

Orders

  • The court refuses the objection to jurisdiction.