High Court of Australia
Refd to
oll FeelandigwA Fletcher Regard Sons Mn fOr sont
1984) 59 Environment KER 3 Heritas
H.C. or A. Industrial Arbitration
'MeTieri Williams, Webb, Fallagar, Kitto and Taylor JJ.
HIGH COURT
(HIGH COURT OF AUSTRALIA.] :
THE QUEEN
AGAINST :
HIS HONOUR SYDNEY CHARLES GREVILLE WRIGHT, A JUDGE OF THE COMMONWEALTH COURT OF CONCILIATION AND ARBITRATION, AND OTHERS; _
Ex parte WATERSIDE WORKERS' FEDERATION , OF AUSTRALIA.
(Cth.}—Court of Concitiation and Arbitration—Power to regulate industrial matters in connection with stevedoring operations relating to
overseas and inter-State trade—Nature of power—Legislative not judicial Prohibition—Constitutional validity of power—Stevedoring Industry Commis- sion—Variation of order— Industrial matters" —The Constitution (63 & 64 Vict. c. 12), 88. 51 (4.), 75 (v.), 122—Stevedoring Industry Act 1949, 88. 6, 34.% —
Writs of prohibition lie only in respect of acts to be done judicially. Acts
which are ministerial in their nature or administrative only or amount to the exercise of a subordinate legislative power are not subject to the writ, even though what is done involves an excess of authority.
The power conferred by s. 34 of the Stevedoring Industry Act 1949 upon the — Court of Conciliation and Arbitration to regulate industrial matters in eon- nection with stevedoring operations insofar as those operations relate to trade and commerce with other countries or among the States whether or not
*Section 34.—(1) The Court shall have power to regulate industrial matters in connection with stevedoring operations insofar as those operations relate to trade and commerce with other countries or among the States or are performed in a Territory of the Com- monwealth, whether or not an indus- trial dispute extending beyond the limits of any one State exists in relation to those matters. (2) The Court shall have power to determine the terms and conditions in accordance with which, including the rates at which, the Board shall pay attendance money to
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