Prentice v Amalgamated Mining Employes' Association of Victoria and Tasmania [1912] HCA 37

16 CLR] OF AUSTRALIA. 235

powers of the Commonwealth, that is to H- C. oF A. say, such powers as may now be exer- 1°! ' % a cised without an amendment of the coroxtan Eat ¥ pee Sucar Constitution wnder the provisions of Reaneiets

sec. 128, is a question as to the limits Co. Lev. inter se of the constitutional powers of arronxey-

the Commonwealth and those of any ee State or States, the question is one Common- which ought to be determined by His WEALTH.

Majesty in Council.

Solicitors, for the plaintiffs, Minter, Simpson & Co. Solicitor, for the defendants, C. Powers, Crown Solicitor for the Commonwealth. B.L.

(HIGH COURT OF AUSTRALIA.]

PRENTICE j ' 3 Es se E . APPELLANT ; DEFENDANT,

AND

THE AMALGAMATED MINING EMPLOYES' ASSOCIATION OF VICTORIA AND lRgspoxpents TASMANIA ss br fea ' .

CoMPLAINANTS,

ON APPEAL FROM A COURT OF PETTY SESSIONS OF

TORIA. dre t H.C. or A. i 1912 Practice—High Court—Appeal from inferior Court of State exercising federal a Jurisdiction —Procedure—Order to review—No appeal under State law—RUles seer sounne, : of the High Court 1911, Part IL., See. IV. 7. 1—Justires Act 1904 (No. 1959) yrqy 30, 1 : (Vict.), sec. 21— Association registered as organization—Rules—Levies imposed iss : on branches—Liability of members to association—Commonwealth Conciliation GriffthC.J., and Arbitration Act 1904 (No. 139 of 1904), sec. 68.

H.C. or A.

1912, —-

PRENTICE v. AMALGA- MATED Minna Empioyes ASSOCIATION or VicTORIA AND TASMANIA.

HIGH COURT [1912.

An appeal to the High Court from a decision of a Court of Petty Sessions of Victoria exercising federal jurisdiction in the case of a civil debt recover. able summarily when the sum involved does not exceed £5, may under the Rules of the High Court, Part II, Sec. IV., r. 1, be brought by way of order to review notwithstanding that by sec, 21 of the Justices Act 1904 (Vict.) in such a case the granting of an order to review is prohibited.