Re Joske; Ex p Australian Building Construction Employees & Builders Labourers Federation [1974] HCA 8

High Court of Australia Barwick C.J. McTiernan, Menzies, Gibbs, Stephen and Mason JJ. Re Joske; Ex p Australian Building Construction Employees & Builders Labourers Federation [1974] HCA 8

ORDER Order nisi discharged. Prosecutor to pay respondent organization's costs.

The following written judgments were delivered:—

1974, March 7 Barwick C.J.

The Australian Building Construction Employees and Builders' Labourers' Federation (the applicant) is an organization registered as such under Pt VIII of the Conciliation and Arbitration Act 1904-1973 Cth (the Act).

On 7th April 1972 the Commonwealth Industrial Court (the Industrial Court) made an order that the applicant show cause why an order should not be made under s. 143 (1) (h) of the Act directing that the registration of the applicant be cancelled. The order was made at the instance of the Master Builders' Association of New South Wales (the respondent organization), also an organization registered as such under the said Part. The order was duly served but the hearing of the matter was adjourned sine die. Ultimately, however, the matter was restored to the list for hearing on 27th November last. On 18th October the Industrial Court (Joske J.) made a further order that the applicant show cause why its registration should not be directed to be cancelled, the return date being 27th November.

Upon being served with the latter order, the applicant applied to a Justice of this Court and obtained orders that the Industrial Court, Joske J. and the respondent organization show cause before a Full Court why a writ of prohibition should not issue out of this Court to restrain proceedings upon each of the said orders of the Industrial Court and to show cause why a writ of certiorari should not issue to remove the said orders for the purpose of being quashed upon the ground that s. 143 (1) (h) of the Act is invalid in that it purports to confer upon the Industrial Court jurisdictions and powers outside the judicial power of the Commonwealth.