Federated Sawmill, Timberyard and General Woodworkers' Employes' Association (Adelaide Branch) v Alexander [1912] HCA 42

Cons, Git Appl pe: Kote v 7 Mahony MeMahon denkine, (01) Biting rv dhe MM Mato y on y & v Jenki Penn

Dueensleed Queensland STR Mu Sryncaion Gone BNET dR SiR poe a

308 HIGH COURT

(HIGH COURT OF AUSTRALIA.)

THE FEDERATED SAWMILL, TIMBER- YARD AND GENERAL ome' WORKERS' EMPLOYES' are" TION (ADELAIDE BRANCH) . . }

CoMPLAINANTS,

APPELLANTS ;

AND

ALEXANDER . f e . % Z . RESPONDENT.

DEFENDANT, .

ON APPEAL FROM A SPECIAL MAGISTRATE OF SOUTH AUSTRALIA.

H.C. or A. Slate Court invested with federal jurisdiction—Limitations on jurisdiction imposed

1912. by State Act—Time for instituting proceedings—Association registered aa eae, organization—Rules—Member —Resignation—Liability for subsequent levies ADELAIDE, and dues-—Judiciary Act 1903 (No. 6 of 1903) secs. 39, 79—Commonwealth

June 10,11; Conciliation and Arbitration Act 1904-1910 (No. 13 of 1904—No. 7 of 1910) Mersournr, secs. 68, 89—Justices Act 1850 (8.A.) (No. 6 of 1850) sec. 10.

June 17. : ae 4 Where, by a Commonwealth Statute a new jurisdiction is conferred upon

a State Court, the State Court is to be taken as it is found, with all its Barton, and fi Se em : Teaacs JJ. limitations as to jurisdiction, unless otherwise expressly declared.

Sec. 39 (2) of the Judiciury Act 1903 must be construed as relating to matters arising under federal Statutes and being of a nature analogous to those over which the several Courts of the States respectively have jurisdic- tion under State laws, and as also including any other matters in respect of which jurisdiction is conferred by a federal Statute, but so that in all respects other than subject-matter the provisions of the State law as to such Courts shall prevail.

Sec. 10 of the Justices Act 1850 (S.A.) provides that 'in all cases where no time is already, or shall hereafter be, specially limited for making " any com-