High Court of Australia
OF AUSTRALIA. 515
| But in the present case the statute deliberately provides that if HC. or A. certain facts are established the defendant shall be convicted unless '92: 'he satisfies the Magistrate of certain other matters. In this case 'the Magistrate says that the defendant did not satisfy him of those 'matters, and Wade J. held that in that event the Magistrate should 'have convicted the defendant, and I agree with him.
"Gavay Durry J. I agree.
"Starke J. I agree. Appeal dismissed with costs,
Solicitor for the appellant, R. J. O'Halloran, Tamworth, by R. + Levien. Solicitor for the respondent, J. V'. Tillett, Crown Solicitor for 'New South Wales.
B.L. [HIGH COURT OF AUSTRALIA
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Inrorwaxr,
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EW. ROACH AND J.B, MILTON |
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Derenpant, =a 2 ae eee Mexnovrse, ON APPEAL FROM A COURT OF PETTY SESSIONS OF ere
' VICTORIA
SyDNEY, Anduairial Arbtration—Agreement between parties to industrial dispute—Binding op, 17,
Heed of agreement Successor or assignee of party to agreement—Validity of
Commoniealth statute—Commonwealth Conciliation and Arbitration Act 1904- 1920 (Wo. 13 of 1904—No. 31 of 1920), seca. 24, 29 (ba)—The Constitution (63 E64 Vit 12), see 51 (xxx¥,), (XXXIX)
H.C. or A. 1921,
Canren B.W. Bosc &.B. Maurox Pro:
PRIETARY Lr.
HIGH COURT
Sec. 24 (1) of the Commomeealth Conciliation and Arbitration Act 19041930 provides that "If an agreement between all or any of the patties as to the 'whole oF any part of the dispute is arrived at, a memorandim ofits terms shah 'be made in writing and certified by the President, and the memorandum when so certified shall be filed in the office of the Registrar, and tnless otherwise ordered and subject as may be directed by the Court shall, a& between the parties to the agreement, have the same effect as, and be deemed tobe, an awael {or all purposes" &e. See. 29 provides that "The award of the Court sbal be binding on . . . (ba) in the ease of employers, any suecesor, of any assignee or transmittee of the busines of a party bound by the awatd,inlud ing any corporation which has ac
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