Wenn v A-G (Vic) [1948] HCA 13

Wenn v A-G (Vic) [1948] HCA 13

The Commonwealth Re-establishment and Employment Act 1945 covers the field regarding preference in employment for discharged servicemen, expressly intended to exclude State laws on the subject, including preference in promotion. Sections 4, 7, 9 and 10 of the Discharged Servicemen's Preference Act 1943 (Vic) are invalid under s.109 of the Constitution due to inconsistency.

Jurisdiction
Australia
Procedural Posture
Declaration / Final Judgment
Outcome
Declaration granted; Victorian provisions declared invalid.
Legal Topics
['inconsistency Under S.109 of the Constitution' 'defence Power' 'rehabilitation of Discharged Servicemen' 'preference in Employment and Promotion' 'federal State Legislative Conflict']
['constitutional Law'] ['inconsistency Under S.109 of the Constitution' 'defence Power' 'rehabilitation of Discharged Servicemen' 'preference in Employment and Promotion' 'federal State Legislative Conflict']

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Procedural Posture

Declaration / Final Judgment

Legal Issues

  1. 1 ["Whether ss. 4, 7, 9 and 10 of the Discharged Servicemen's Preference Act 1943 (Vic) are invalid due to inconsistency with the Commonwealth Re-establishment and Employment Act 1945 under s.109 of the Constitution." 'Whether the Commonwealth Act validly excludes State laws regarding preference in promotion for discharged servicemen.' 'Whether the inclusion of State public servants under federal provisions is within constitutional power.']

Ratio Decidendi

The Commonwealth Re-establishment and Employment Act 1945 covers the field regarding preference in employment for discharged servicemen, expressly intended to exclude State laws on the subject, including preference in promotion. Sections 4, 7, 9 and 10 of the Discharged Servicemen's Preference Act 1943 (Vic) are invalid under s.109 of the Constitution due to inconsistency.

Court Disposition

Declaration granted; Victorian provisions declared invalid.

Orders

  • ["Declare that ss. 4, 7, 9 and 10 of the Discharged Servicemen's Preference Act 1943 of Victoria are invalid." "Defendant to pay plaintiff's costs."]