Federal Court of Australia
ALS Ww
Conciliation and arbitration - Prosecution for offence instituted by summons upon information - Application for trial by jury - Whether power to order trial with jury of suit extends to criminal
proceedings - Whether proceeding commenced by summons upon information without indictment may be tried by jury.
Conciliation and Arbitration Act 1904 - ss. 118A, 182(1)(a)(ii), Conciliation and Arbitration Act 1949 - 5.6
Acts Interpretation Act 1901 - s.42
Constitution - 5.80
Crimes Act 1914 - s.13 Feder al Court of Australia Act 1976 - 5s. 4, 39, 40, 41, 42 Judiciary Act 1903 Director of Public Prosecutions Act 15983
Special Prosecutions Act 1982
Bankruptcy Act 1966 - s.273
Loukas vy. Young €19683 3 N.S.W.L.R. 549
Brown v, The Queen (1986) 64 A.L.R. 161 i (1977) 137 C.L.R. 600
Pearce v. Cocchiaro Cockle v. Isaksen (1957) 99 C.L.R. 155
ROBERT 3 Hi v. NO SLI GHER
No. V12 of 1986 No. V13 of 1986
Jenkinson J. 27 October, 1986 Melbourne
IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY 1 No. V12 of 1986 INDUSTRIAL DIVISION ) No. V13 of 1386
BETWEEN: ROBERT CHARLES HOWARD
Prosecutor AND: NORMAN LESLIE SALLAGHER
Defendant
CORAM: Jenkinson J. PLACE: Melbourne DATE: 27 October, 19386
REASONS FOR JUDGMENT
Motions for trials by jury.
Each of the two proceedings 1n which trial by jury 15 sought is a prosecution for an offence against s.152(1)id)(11) of
the ciliation and Arbitration Act 1904, which prohibits the
use, in writing or in speech, of words calculated to bring the Australian Conciliation and Arbitration Commission or a member of that Commission into disrepute. The sub-section prescribes a penalty of "$500 or imprisomment for 12 months, or both", for contravention of any of its commands. Each prosecution was
brought in this Court in pursuance of ss. 191 and 118A of che
Conciliation and Arbitration Act 1904. Section 191 provides:
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