President and Members of the Court of Arbitration (WA) v Nicholson [1906] HCA 65

362 HIGH COURT (1906.

deprive the subject of the right of appeal against a judgment of the State Court, and no other section gives such authority."

Their Lordships also concur in what the same learned Judge says at the end of his judgment (1):—

v. Ovrrem. "Tf the Federal legislature had passed an Act which said that

hereafter there shall be no right of appeal to the King-in-Couneil from a decision of the Supreme Court of Victoria in any of the following matters, and had then set out a number of matters, including that now under consideration, I should have felt no doubt that such an Act was outside the power of the Federal legislature, and, in my opinion, it is outside their power to do that very thing in a roundabout way."

Their Lordships will therefore humbly advise His Majesty that the petition presented by the Commonwealth of Australia for a dismissal of the appeal on the ground of its incompetency, ought to be dismissed.

There will be no order as to the costs of the appeal as between the appellant and the respondent. The Commonwealth must pay the appellant's costs of the intervention,

(HIGH COURT OF AUSTRALIA.]

PRESIDENT AND MEMBERS OF THE } APPELLANTS ;

COURT OF ARBITRATION (W.A.)

AND JOHN NICHOLSON . 5 ' ; 3 . RESPONDENT. ON APPEAL FROM THE SUPREME COURT OF H.C. or A. WESTERN AUSTRALIA. 1906.

Mandamus, wnen will lie—Conclusive jurisdiction—Counsel or solicitor—Right of

os appearance and audience—Industrial Conciliation and Arbitration Act(W.A.), ne os 5 (No. 21 of 1902),secs. 51, 71, 73, 87. 7 During proceedings before the Industrial Arbitration Court, Western Aus- Grimth 0.., tralia, a solicitor applied to be allowed to appear and conduct the case on Barton ang

Higgins 33. (1) (1905) V.L.R., 463, at p. 469; 26 A.L.T., 198, at p. 200.

4C.LR.] OF AUSTRALIA, 363

behalf of a party to the proveedings whose duly appointed agent he was. The H.C. or A. Court heard his application and argument thereon, and decided against him, —_1906. considering that they were bound by the Act not to allow solicitors to appear | ——~ before them as agents unless with the consent of all parties. 'The solicitor beige obtained from the Supreme Court of Western Australia a writ of mandamus peps or THE