R v Foster; Ex p Commonwealth Shipowners' Association [1956] HCA 43

High Court of Australia Dixon C.J. McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ. R v Foster; Ex p Commonwealth Shipowners' Association [1956] HCA 43

ORDER Order nisi for a writ of prohibition made absolute.

Cur. adv. vult.

The Court delivered the following written judgment:—

Aug. 10 Dixon C.J., McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ.

A writ of prohibition is sought in respect of an order which the learned judge of the Court of Conciliation and Arbitration sitting under Pt. XA of the Navigation Act 1912-1953 has made or proposes to make.

The order in question, when drawn up, will give formal expression to a decision which his Honour pronounced on 10th February 1956. The decision concerned the manning of ships which Australian shipowners might acquire abroad for employment on the Australian coast and of ships which Australian shipowners might dispose of from the Australian coast on terms requiring their delivery at some foreign port. His Honour decided that the shipowner must, when he so acquired a ship abroad, send an Australian crew to man the ship for its voyage to Australian waters and, when he so disposed of a ship, man it with an Australian crew for the voyage to the foreign port of delivery, of course then bringing the crew back to Australia. His Honour desired the shipowners and the industrial organizations concerned to attempt to agree upon the terms and conditions of a contract into which a crew sent abroad should enter and in default of their doing so directed that the terms and conditions should be settled by a board of reference.

No order has been drawn up and perhaps it is proper to regard its tenor as not yet completely decided upon. It should be added that a direction was given that the order should take effect forthwith (see s. 405P) and that its fixed term is one year.