High Court of Australia
114 HIGH COURT
(HIGH COURT OF AUSTRALIA.) HENRY BAXTER . j " § 4 i APPELLANT;
AND
CIATION, WILLIAM DANIEL CLARK, AND THE HONOURABLE CHARLES GILBERT HEYDON, JUDGE OF THE INDUSTRIAL COURT . 2
NEW SOUTH WALES CLICKERS' ASSO- |
RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF ° NEW SOUTH WALES.
IL.C. or A, Practice—Appeals from Supreme Court—Special Leave—Question not likely to
1909. arise again owing to fresh legislation—Question depending on construction of — particular document—Rescission of special leave. Sypyey, 20, 93, Prokibition—Breeess of jurisdiction—Court of limited statutory jurisdiction—Statute 26, 27 taking away prokibition—Construction—Industrial Arbitration Act (N.S.W.),
. 19, 225 1901 (No. 59 of 1901), sec. 32—Industrial Disputes Act (N.S. W.) 1908 (No. 3
eat of 1908), secs. 8, 52. Grifith C.5., . : 5 ' Barton, The High Court will not grant special leave to appeal in cases which donot O'Connor and " 5 . a . " ms pea raise questions of general importance likely to arise in the future or (in
general) in cases depending upon the terms of particular documents.
Sec. 32 of the Industrial Arbitration Act 1901 (which expired in 1908) provided that proceedings in the Court of Arbitration should not be open to certiorari, and that no award, order or proceeding of the Court should be liable to be challenged, appealed against, reviewed, quashed, or called in question by any Court of Judicature on any account whatever. On the expiration of that Act, the Industrial Disputes Act 1908 came into opera- tion, establishing Wages Boards and an Industrial Court, with jurisdiction generally similar to that of the Court of Arbitration, and containing, in sec. 52, provisions of the same general effect as those of sec. 32 of the Industrial
aes
10 C.L.R.] OF AUSTRALIA, 115
Arbitration Act, with the addition of the words "and the validity of any H. C. oF A. decision " of the Industrial Court "shall not be challenged by prohibition or 1909. otherwise." See. 8 of the Act of 1908 provided that proceedings pending in © —— the Court of Arbitration at the expiration of the Industrial Arbitration Act, BAXTER for penalties for breaches of awards, &c,, might be continued and should be Nyw Sour heard and determined by the Industrial Court, and that for that purpose the ALES
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