R v Spicer; Foster, Ex p [1958] HCA 8

R v Spicer; Foster, Ex p [1958] HCA 8

The provisions now standing as Pt. IX were intended to be cumulative upon, and not substitutional for, the jurisdiction now contained in s. 141. Part IX, although concerned with elections, has a wider and different ambit, while s. 141 enforces compliance with organisational rules. Accordingly Pt. IX did not impliedly whittle down or restrict s. 141, and the objection to Dunphy J.'s order did not justify prohibition.

Jurisdiction
Australia
Procedural Posture
Application to Make Absolute an Order Nisi for a Writ of Prohibition / Return of Order Nisi Granted by Mc Tiernan J.
Outcome
Order nisi discharged.
Legal Topics
['writ of Prohibition' 'registered Organisations' 'disputed Elections' 'statutory Construction' 'conciliation and Arbitration Act']
['industrial Law' 'administrative Law'] ['writ of Prohibition' 'registered Organisations' 'disputed Elections' 'statutory Construction' 'conciliation and Arbitration Act']

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Procedural Posture

Application to Make Absolute an Order Nisi for a Writ of Prohibition / Return of Order Nisi Granted by Mc Tiernan J.

Legal Issues

  1. 1 ['Whether, after the enactment of the provisions now standing as Pt. IX of the Conciliation and Arbitration Act 1904-1956, s. 141 should be construed as enabling the Commonwealth Industrial Court to make an order concerning the validity of an election of officers of a registered organisation.' 'Whether additional grounds proposed for inclusion in the order nisi disclosed a proper case for the issue of a writ of prohibition.']

Ratio Decidendi

The provisions now standing as Pt. IX were intended to be cumulative upon, and not substitutional for, the jurisdiction now contained in s. 141. Part IX, although concerned with elections, has a wider and different ambit, while s. 141 enforces compliance with organisational rules. Accordingly Pt. IX did not impliedly whittle down or restrict s. 141, and the objection to Dunphy J.'s order did not justify prohibition.

Court Disposition

Order nisi discharged.

Orders

  • ['Order nisi discharged.' 'Costs of the application to be paid by the prosecutors.']