Worthing v Roche Bros [1970] HCA 19

Worthing v Roche Bros [1970] HCA 19

The majority held that the Commonwealth's exclusive power under s. 52 (i.) of the Constitution to make laws with respect to places acquired for public purposes excludes the operation of subsequent State laws (even if of general application) in those places; therefore, regulations made under the Scaffolding and Lifts Act after the Commonwealth's acquisition of the Richmond Air Force Base did not bind the defendant in relation to work done at that place.

Jurisdiction
Australia
Procedural Posture
Demurrer / High Court Appeal Following Removal Under S. 40 a Judiciary Act on Constitutional Question
Outcome
Plaintiff's demurrer overruled by majority; State regulation inoperative within Commonwealth place acquired for public purposes.
Legal Topics
['exclusive Commonwealth Powers Under S. 52 of the Constitution' 'applicability of State Laws in Places Acquired by the Commonwealth for Public Purposes' "workers' Safety Regulation on Commonwealth Land" 'precedence of Commonwealth Legislative Authority' "interpretation of 'places Acquired' Under S. 52"]
['constitutional Law' 'employment Law' 'tort Law'] ['exclusive Commonwealth Powers Under S. 52 of the Constitution' 'applicability of State Laws in Places Acquired by the Commonwealth for Public Purposes' "workers' Safety Regulation on Commonwealth Land" 'precedence of Commonwealth Legislative Authority' "interpretation of 'places Acquired' Under S. 52"]

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Procedural Posture

Demurrer / High Court Appeal Following Removal Under S. 40 a Judiciary Act on Constitutional Question

Legal Issues

  1. 1 ['Whether State regulations made after Commonwealth acquisition of land apply within Commonwealth places acquired for public purposes under s. 52 (i.) of the Constitution' "Whether the Commonwealth's exclusive legislative power under s. 52 (i.) excludes the operation of general or specific State laws in such places"]

Ratio Decidendi

The majority held that the Commonwealth's exclusive power under s. 52 (i.) of the Constitution to make laws with respect to places acquired for public purposes excludes the operation of subsequent State laws (even if of general application) in those places; therefore, regulations made under the Scaffolding and Lifts Act after the Commonwealth's acquisition of the Richmond Air Force Base did not bind the defendant in relation to work done at that place.

Court Disposition

Plaintiff's demurrer overruled by majority; State regulation inoperative within Commonwealth place acquired for public purposes.

Orders

  • ["Plaintiff's demurrer to the second-named defendants' fifth plea is overruled." "Plaintiff to pay second-named defendants' costs of the demurrer." 'Interveners to pay plaintiff four-fifths of specified costs (see quantitativeData).' 'Action otherwise adjourned with liberty to apply as to further proceedings.']