George Hudson Limited v Australian Timber Workers' Union [1923] HCA 38

Appl

ek rise Re ie South New RC Re: Ex Com of Tax pre waco deve ae Wey Ste Wales Sate aes St alia Bs Bi yea eh asifatin heMalin He Msfalin {Boye eoya = a ie ea fit ee R473 RA TLR 48 mn .L.R.] OF AUSTRALIA. 413

[HIGH COURT OF AUSTRALIA.)

JORGE HUDSON LIMITED .. é . APPELLANT; DEFENDANT,

AND

AUSTRALIAN TIMBER WORKERS' ) a [ UNION . i ' 7 f , 'i ESPONDENT.

InrorMant,

REMOVAL FROM THE SUPREME COURT OF NEW SOUTH WALES TO THE HIGH COURT.

ial Arbitration—Agreement in settlement of dispute—Successor of party to H.C, or A. agreement—Whether agreement binding on successor—Validity of Commonwealth 1922-1923. statute—Retrospective operation of statute—Agreement made, and succession = occurring, before amending Act—Commonwealth Conciliation and Arbitration Act S¥DNEY, 1904-1920 (No. 13 of 1904—No. 31 of 1920), sec. 24 Commonwealth Conciliation Nov. _ 27-29, and Arbitration Act 1921 (No. 29 of 1921), sec. 3—The Constitution (63 & 64 irre 7-8, es. Vict. ¢. 12), sec. 51 (XXxv.), (XXXIX.). 23, 1923. Court (N.8.W.}—Jurisdiction—Case stated by Court of Petty Sessions— Point of law not raised in Court below—Justices Act 1902 (N.S.W.) (No. 27), 'aacs; Migeins secs. 101, 106. and Starke JJ,

ligh Court—Jurisdiction—Question as to limits inter se of constitutional powers of Commonwealth and State—" In any cause pending" in Supreme Court of State—Appeal from inferior Court of State—Judiciary Act 1903-1920 (No. 6 of 1903—No. 38 of 1920), secs. 2, 39, 40a.

Sec. 24 (1) of the Commonwealth Conciliation and Arbitration Act 1904-1920 provides that "if an agreement between all or any of the parties as to the whole or any part of the dispute is arrived at, a memorandum of its terms shall 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 unless other- wise ordered and subject as may be directed by the Court shall, as between