R v Spicer; Ex parte Australian Builders' Labourers' Federation [1957] HCA 81

R v Spicer; Ex parte Australian Builders' Labourers' Federation [1957] HCA 81

Section 140 of the Conciliation and Arbitration Act 1904-1956 confers a function to disallow rules of industrial organisations which is administrative in nature, not judicial. Transferring this power to a federal court does not change its non-judicial character. Therefore, s. 140 is invalid so far as it attempts to vest this function in the Commonwealth Industrial Court, a federal Chapter III court.

Parties
Prosecutor/applicant: Australian Builders' Labourers' Federation; Prosecutor: The Queen; Respondents: Spicer and Others (Judges of the Commonwealth Industrial Court); Respondent: Stanley Winter
Jurisdiction
Australia
Procedural Posture
Application for Prohibition (constitutional Law) / Decision on Making Order Nisi for Writ of Prohibition Absolute
Outcome
Order nisi for writ of prohibition made absolute (majority); Williams and Webb JJ dissenting
Legal Topics
Separation of Powers, Judicial Power, Arbitral/administrative Powers, Validity of Legislation, Jurisdiction of Federal Courts
Constitutional Law Industrial Law Separation of Powers Judicial Power Arbitral/administrative Powers Validity of Legislation Jurisdiction of Federal Courts

Case Brief

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Parties

Australian Builders' Labourers' Federation

Prosecutor/applicant

The Queen

Prosecutor

Spicer and Others (Judges of the Commonwealth Industrial Court)

Respondents

Stanley Winter

Respondent

Procedural Posture

Application for Prohibition (constitutional Law) / Decision on Making Order Nisi for Writ of Prohibition Absolute

Legal Issues

  1. 1 Whether s. 140 of the Conciliation and Arbitration Act 1904-1956 validly confers judicial power on the Commonwealth Industrial Court
  2. 2 Whether the power to disallow rules of an industrial organisation is a judicial function under the Constitution

Ratio Decidendi

Section 140 of the Conciliation and Arbitration Act 1904-1956 confers a function to disallow rules of industrial organisations which is administrative in nature, not judicial. Transferring this power to a federal court does not change its non-judicial character. Therefore, s. 140 is invalid so far as it attempts to vest this function in the Commonwealth Industrial Court, a federal Chapter III court.

Court Disposition

Order nisi for writ of prohibition made absolute (majority); Williams and Webb JJ dissenting

Orders

  • A writ of prohibition will issue restraining the judges of the Commonwealth Industrial Court from proceeding further with the order to show cause dated 30th May 1957 directed to the Australian Builders' Labourers' Federation.