Pirrie v McFarlane [1925] HCA 30

Dised Fol Wtrential FollReside. Ap Sean Spe cnancies Trib tial Ter y (aire Tre Teindl git"

ae Gar Re SWE

fer Re

Neen ' : [HIGH COURT OF AUSTRALIA.

PIRRIE s x i ' ii is 5 InForMANT,

AND

McFARLANE i . F . : F . Responpenr, DEFENDANT,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF VICTORIA.

H.C. or A, High Court—Jurisdiction—Question as to limits inter se of constitutional powers d 1925. Commonwealth and State—Appeal to Supreme Court of State from infer ee Court—Removal to High Court—Exclusion of jurisdiction of Supreme Court

Metsourne, Appeal to Privy Council—Proceedings in High Court—The Constitution (63 & 6

May 21. Viet. c. 12), secs. 51 (XxX1X.), 74, 75, 76,77 (11.)—Judiciary Act 19034

(No. 6 of 1903—No. 38 of 1920), secs. 30, 38, 38a, 39, 40a, 41.

of traffic—Soldier driving motor-car without licence—Inconsistency Higgins, Commonwealth and State laws—Motor Car Act 1915 (Vict.) (No. 2702), snes. 6, 10, 24—The Constitution (63 & 64 Vict. ¢. 12), secs. 51 (vr.), 52, 69, 106 107, 109—Defence Act 1903-1918 (No. 20 of 1903—N

43, 52, 65, 66, 68, 69, 70, 71, 81, 108—Air Force Act 1923 (No. 33 of 192 sec. 3—Australian Military Regulations 1916 (Statutory Rules 1916, No. regs. 488, 494—Air Force Regulations 1922 (Statutory Rules 1922, No. 16

reg. 3.

Sec. 40a of the Judiciary Act 1903-1920 is a valid exercise of the pov conferred upon the Commonwealth Parliament by sees. 77 (11) and 51 (xx of the Constitution.

A question as to the limits inter se of the constitutional powers of Commonwealth and those of a State arises, within the meaning of see. of the Judiciary Act 1903-1920, in cases in which a decision upon either following questions is required for the determination of the case : such a State Act as the Motor Car Act 1915 (Vict.) binds persons also officers of the defence force of the Commonwealth; (b) whe