High Court of Australia
THE WATERSIDE WORKERS' OF AUSTRALIA
GILCHRIST, LIMITED
HIGH COURT
[HIGH COURT OF AUSTRALIA.]
AND
WATT AND SANDERSON }
THE KING
AGAINST
FEDERATION } App
fig24.
LICANT ;
RESPONDENT.
THE COMMONWEALTH COURT OF CONCILIATION AND
ARBITRATION.
Ex Parte GILCHRIST, WATT AND SANDERSON LIMITED.
H.C. or A. High Court—Jurisdiction—-Prohibition—Certiorari—I njunction—Award of Common-
1924. wealth Court of Conciliation and Arbitration—Prohibition after award—Whether
SS Court functus officio—The Constitution (63 & 64 Vict. c. 12), sec. 75 (v.}—
Sypvex, Commonwealth Conciliation and Arbitration Act 1904-1921 (No. 13 of 1904— April 28-30. No. 29 of 1921), secs. 4, 21a, 31.
Metzourne, Industrial Arbitration—Commonwealth Court of Conciliation and Arbitration—
May 13-15. Jurisdiction—Award—Validity—Preference—Preference to some members of aoe organization—Returned soldiers and sailors—Variation between claim and award ire —Employer—Agent supplying labour—Interpretation of award—Commonwealth ile Conciliation and Arbitration Act 1904-1920 (No. 13 of 1904—No. 31 of 1920), Knox 0.3. secs. 4, 28, 38 (0), 388, 40, 814—Registration of Firms Act 1902 (N.S.W.) (No. Geoeraare 100), sec. 4—Returned Soldiers and Sailors Employment Act 1919 (N.S.W.) Rich and Starke JJ. (Wo. 38), sec. 3.
34 C.L.R.J OF AUSTRALIA.
Held, by Knox ©.3., Gavan Duffy and Starke JJ. (Isaacs and Rich JJ. dissenting), that the High Court has jurisdiction under sec. 75 (v.) of the Constitution to issue prohibition to the President of the Commonwealth Court
H.C. or A. of Conciliation and Arbitration where an award has been made by him without WATERSIDE Workers' FEDERATION
Per Isaacs and Rich JJ.: Even if the prohibition otherwise lay, it should aysraarza
jurisdiction.
be refused in this case because (1) parties necessarily affected were absent ; and (2) the award de facto was now operating, not by order of the Court of
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