Federal Court of Australia
3ar
Conciliation and Arbitration - Motion to quash information - Speaking words calculated to bring a member of the Australian Conciliation and Arbitration Commission into disrepute - Speaking
words calculated to bring the Australian Conciliation and Arbitration Commission into disrepute - Whether forbidden if words spoken after termination of the proceeding of the Commission - Disrepute in respect of a member's role as amember of the Commission - Whether institution of proceeding 1s an abuse of process - Allegation that neither proceeding was a bona fide prosecution - Whether proceedings should be stayed or struck out as they might be tried on indictment in a State court.
Conciliation and Arbitration Act 1304 - 5s. 118A, 182(1)(a)(11), Judiciary Act 1903 - s.39(2)
Acts Interpretation Act 1901 - 5.42 The Constitution of the Commonwealth - 5.80
R. v. Chairman, County of London Quarter Sessions £19541 1 9.B. 1 R. v. Philpotts (1883) I.C. and K. 112, 174 E.R. 736
The King v. Nicholls (1911) 12 C.L.R. 280
Connelly v. Director of Public Prosecutions [1964] A.C. 1254 Howard v. Gallagher (1986) 69 A.L.R. 424
The Queen v. Ward (1978) 140 C.L.R. 584
Cockle v. Isaksen (1957) 99 C.L.R. 155
Rowell v. Child (1983) 48 A.L.R. 333
Clyne v. Director of Public Prosecutions (1984) 154 C.L.R. 640 Spratt v. Hermes (1965) 114 C.L.R. 226
ROBERT CHARLES HOWARD v. NORMAN LESLIE GALLAGHER
Nos. Vi2 of 1986 and V13 of 1986
Jenkinson J. Melbourne 17 July, 1987
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IN THE FEDERAL CUURT OF AUSTRALIA )
VICTORIA DISTRICT REGISTRY ) No. V12 of 1986 INDUSTRIAL DIVISION i) No. V13 of 1386
BETWEEN: ROBERT CHARLES HOWARD
Prosecutor
AND: NORMAN LESLIE GALLAGHER
Defendant
CORAM: Jenkinson J. PLACE: Melbourne DATE: 17 July, 1987
REASONS FOR JUDGMENT
Motions to quash informations or to strike out
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