Waterside Workers' Federation of Australia v J W Alexander Limited [1918] HCA 56

FolloH

ous Lid V

Ship Design

(nagement

pate LR STL

prpPloH "Dev Foll x be

ur Lid v . Watenide

ur Lid § i,

dicts Ro Hetty 3 tS fis aoa Tigo 34 Rie ne He

Appl Be

Urine HIGH COURT

Gui Biba)

203 'GERA

H.C. or A. Constitutional Law—Justices of Courts created by the Commonwealth Parliament—

1918. Rove Mecnovrne,

Sept. 18, 19, 27.

Higgi Gavan Duffy, Powers an

Rich JJ.

THE WATERSIDE WORKERS' FEDERATION

J. W. ALEXANDER LIMITED

[HIGH COURT OF AUSTRALIA.]

OF AUSTRALIA ' } APPLICANTS ;

AND

RESPONDENTS.

Appointment—Life tenure—Appointment for term of years—Commonwealth Court of Conciliation and Arbitration—Power to enforce awards—Judicial power of the Commonwealth—Validity of legistation—Severability—Power of Court of swnmary jurisdiction to enforce awards—Dhe Constitution (63 & 64 Viet. c. 12 secs. 51 (xxxv.), 71, 72—Commonwealth Conciliation and Arbitration Act 1904 1915 (No. 13 of 1904—No. 35 of 1915), secs. 2, 11, 12, 38, 44, 48, a

Held, by Griffith C.J. and Barton, Isaacs, Powers and Rich JJ. (Higgins an ' Gavan Duffy JJ. dissenting), that sec. 72 of the Constitution requires that e Justice of the High Court and every Justice (whether called by that or an other name) of any other Court created by the Parliament of the Common- wealth shall, subject to the power of removal contained in that section, be appointed for life.

Per Higgins and Gavan Duffy JJ.: Sec. 72 of the Constitution does no prevent the Crown or Parliament from granting a tenure for a term of y subject to removal by the Governor-General on an address of Parliament.

Held, also, by Griffith C.3. and Barton, Isaacs, Powers and Rich JJ. (Hit J. doubting), that the power conferred by the Commonwealth Conciliation Arbitration Act 1904-1915 upon the Commonwealth Court of Conciliation ané

Commonwealth" within the meaning of sec. 71 of the Constitution, and ¢ only be vested in the Courts mentioned in that section.