Australian Boot Trade Employees' Federation v The Commonwealth [1954] HCA 9

High Court of Australia Dixon C.J. Webb, Fullagar, Kitto and Taylor JJ. Australian Boot Trade Employees' Federation v The Commonwealth [1954] HCA 9

ORDER Declare that the Court in the exercise of its discretion ought not to entertain this action. Accordingly the Court does not answer the questions in the case stated. Costs of the case stated reserved for the Justice disposing of the action.

Cur. adv. vult.

The following written judgments were delivered:—

April 7 Dixon C.J.

The suit in which this case was stated for the opinion of the Full Court was brought by an organization registered under Pt. VI. of the Conciliation and Arbitration Act 1904-1952 and by a branch secretary with the object of obtaining a declaration that s. 78 of that Act is beyond the constitutional powers of the Commonwealth and void. Whether the section or any part of it is beyond the powers of the Parliament is the principal matter upon which the opinion of the Full Court is asked by the case stated. Section 78 penalizes a considerable number of different acts described in language which is not always very definite or exact. It is therefore neither safe nor wise to attempt to cover, in any pronouncement upon its validity, every part of the field of its intended application or of whatever application, whether intended or not, it may be sought hereafter to fasten upon it.

But in its main features I think that it is a valid law of the Commonwealth, and upon that ground I think that the suit should be dismissed. There are certain reservations that it is better to make expressly lest particular points that seem doubtful but not to require decision are thought to be covered by the general conclusion I have stated, but these will appear.

Section 78 was placed in the Act in 1951 by Act No. 18 of that year in substitution for a previous provision on the same subject of a much more restricted character and limited operation. That provision was inserted as s. 58BA by Act No. 43 of 1930.