Archibald Gordon McDowall v William Dennis McKee [1979] FCA 40
The amending Act demonstrated a clear intention to replace inspectors with the Industrial Relations Bureau for instituting proceedings after 1 March 1978, thus excluding the operation of s.13 of the Crimes Act and rendering the informant unauthorized to lay the information, requiring dismissal of the proceedings.
- Parties
- Informant: Archibald Gordon McDowall; Defendant: William Dennis McKee
- Jurisdiction
- Australia
- Judgment Date
- 09 May 1979
- Procedural Posture
- Summons Seeking Penalty for Breach of Statute / Reasons for Judgment and Order for Dismissal
- Outcome
- Information dismissed
- Legal Topics
- Conciliation and Arbitration, Legislative Amendments, Standing to Institute Proceedings
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Archibald Gordon McDowall
Informant
William Dennis McKee
Defendant
Procedural Posture
Summons Seeking Penalty for Breach of Statute / Reasons for Judgment and Order for Dismissal
Legal Issues
- 1 Whether a liability incurred under s.125(7) of the Conciliation and Arbitration Act, 1904 survives the repeal of the section
- 2 Whether the informant (inspector) was authorized to lay the information and institute proceedings after legislative changes
Ratio Decidendi
The amending Act demonstrated a clear intention to replace inspectors with the Industrial Relations Bureau for instituting proceedings after 1 March 1978, thus excluding the operation of s.13 of the Crimes Act and rendering the informant unauthorized to lay the information, requiring dismissal of the proceedings.
Court Disposition
Information dismissed
Orders
- The information be dismissed.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment