R v Spicer; Waterside Workers' Federation of Australia, Ex p (No 2) [1958] HCA 17

R v Spicer; Waterside Workers' Federation of Australia, Ex p (No 2) [1958] HCA 17

There was no excess of jurisdiction by the Commonwealth Industrial Court because, even if certain parts of the orders were arguably based on superseded provisions, the substantive obligations under the orders had expired, and as to costs, the relief obtainable by prohibition would be insubstantial; accordingly, the prerequisites for an order of prohibition were not met.

Jurisdiction
Australia
Procedural Posture
Application for Writ of Prohibition / Final Judgment and Orders
Outcome
Order nisi for writ of prohibition discharged with costs
Legal Topics
['jurisdiction of Commonwealth Industrial Court' 'enforcement of Industrial Awards' 'prohibition (writ)' 'interpretation of Industrial Legislation']
['industrial Law' 'administrative Law'] ['jurisdiction of Commonwealth Industrial Court' 'enforcement of Industrial Awards' 'prohibition (writ)' 'interpretation of Industrial Legislation']

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Procedural Posture

Application for Writ of Prohibition / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the Commonwealth Industrial Court exceeded its jurisdiction in making certain orders under s. 109(1)(b) of the Conciliation and Arbitration Act 1904-1956' 'Whether orders made in relation to obsolete or superseded award provisions can be subject to prohibition' 'Effect of subsequent industrial orders and awards on prior awards']

Ratio Decidendi

There was no excess of jurisdiction by the Commonwealth Industrial Court because, even if certain parts of the orders were arguably based on superseded provisions, the substantive obligations under the orders had expired, and as to costs, the relief obtainable by prohibition would be insubstantial; accordingly, the prerequisites for an order of prohibition were not met.

Court Disposition

Order nisi for writ of prohibition discharged with costs

Orders

  • ['Discharge the order nisi for writ of prohibition with costs']