Industrial Arbitration. The question has been raised as to whether the Commonwealth Court of Conciliation and Arbitration is vested with legislative or judicial power. Is it a judicial body, from the decisions of which an appeal will lie to the High Court or is it a subordinate legislative body similar to the State wages boards of Victoria ? In several cases the majority of the High Court (GRIFFITH, C.J. and BARTON and O'CONNOR, JJ.) held that the power vested in the Arbitration Court was a judicial power to be exercised in a judicial manner by a judicial officer whose decisions were subject to the corrective jurisdiction of the High Court. On the other hand Mr. Justice ISAACS has held that some awards of the Arbitration Court were in the nature of legislation: Australian Boot Trade Employees' Federation v. Whybrow & Co., (1910) 10 C.L.R., at p. 300. Important consequences would flow from the recognition of Federal industrial awards operative in future as legislative rules. High Court could not review such awards either by prohibition, in its original jurisdiction or by any procedure in its appellate jurisdiction but such awards if ultra vires of the Constitution would be open to attack in any Court in which an attempt were made to enforce them and they could be pronounced null and void. So that if any industrial award be a legislative Act the facilities for reviewing its legality would be greater and more unassailable than if it were a judicial determination from which the right of appeal may be limited. The judicial power extends to the review of legislative measures attempted to be enforced in judicial proceedings. Construction of State Statutes. The High Court will be reluctant as a general rule to put a different construction upon the Statutes of a State from that which the Supreme Court of the State itself has declared to be their true construction; at any rate, unless its decision is directly invited by way of appeal, either from the same Court, or from the Court of another State in a case involving the construction of identical words: Bond v. The Commonwealth, (1903) 1 C.L.R., 13. Over-ruling Prior Decisions. The High Court is not bound by its own prior decisions, and if, in the Court's opinion, a prior decision is manifestly wrong, it is within the judicial power as well as the duty of the Court to over rule that decision. Per ISAACS, HIGGINS, GAVAN DUFFY and RICH, JJ. (BARTON, A.C.J. and POWERS, J. dissenting), that J. C. Williamson Ltd. v. Musicians' Union of Australia, 15 C.L.R., 636, was wrongly decided and must be over-ruled: Australian Agricultural Co. and Others v. Federated Engine-Drivers' and Firemen's Association of Australasia, 17 C.L.R., 261. The High Court is not bound by its previous decisions, but will only review a previous decision when that decision is manifestly Wrong: The King v. The Commonwealth Court of Conciliation and Arbitration (The Tramways Case, No. 1), 18 C.L.R., 54. Contempt of Court. Statements made concerning a Judge of the High Court do not constitute a contempt of the High Court unless they are calculated to obstruct or interfere with the course of justice, or the due administration of the law in the High Court: R. v. Nicholls, 12 C.L.R., 280. § 116. "THE HIGH COURT OF AUSTRALIA." Organization and Seat. Under the heading "Constitution and Seat" the Judiciary Act 1903, section 4, declares that the High Court shall be a Superior Court of Record and shall consist of a Chief Justice and two other Justices who shall respectably be appointed by Commission. The Act No. 5 of 1906, increased the number of Justices to four, and the Act, No. 31 of 1912, increased them to six. By the latter Act it was further provided that, when the Justices sitting as a Full Court are divided in opinion as to the decision to be given on any question, the question shall be decided according to the decision of the majority, if there is a majority; but if the Court is equally divided in opinion-(a) in the case where a decision of a Justice of a High Court (whether acting as a Justice of the High Court or in some other capacity), or of a Supreme Court of a State or a Judge thereof, is called in question by appeal or otherwise, the decision appealed from shall be affirmed; and (b) in any other case the opinion of the Chief Justice, or, if he is absent, the opinion of the Senior Justice present shall prevail. See Notes to section 79, § Number of Judges. The principal seat of the High Court is to be at the seat of Government. Until the seat of Government is established, the principal seat of the High Court is to be at such place as the GovernorGeneral from time to time appoints. There is to be a principal registry at the principal seat of the Court as well as District Registries. Power is given to appoint registrars, marshalls, and other officers. § 117. "OTHER FEDERAL COURTS." The original judicial power of the Commonwealth is not entirely centralized in or monopolized by the High Court of Australia; it may be by Federal legislation vested in other Federal Courts specially created by Parliament and in State Courts clothed with Federal jurisdiction. Judges' Appointment, Tenure, and Remuneration. 72. The Justices of the High Court and of the other courts created by the Parliament (i.) Shall be appointed118 by the Governor-General in Council: (ii.) Shall not be removed except by the GovernorGeneral in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehaviour or incapacity: (iii.) Shall receive such remuneration119 as the Parliament may fix; but the remuneration shall not be diminished during their con tinuance in office. § 118. " APPOINTED." The following are the dates of the Commissions of the Chief Justice, Sir SAMUEL W. GRIFFITH and the several Justices of the High Court who have so far held office : The Chief Justice receives a salary of £3,500 per year, and each Justice receives a salary of £3,000 per year, also travelling expenses considered reasonable by the Governor-General. By an Act passed in the session of 1918, provision was made for payment of a pension or annuity to the first Chief Justice upon his resignation of his office. Such pension or annuity to continue during his life and to be of an amount equal to what he would have been entitled to demand under the laws of Queensland had he continued to occupy the office of Chief Justice of Queensland during the period, during which he has occupied the office of Chief Justice of the High Court of Australia. $120 "APPELLATE JURISDICTION." Appellate Jurisdiction of High Court. 120 73. The High Court shall have jurisdiction, with such 121 exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals 122 from all judgments,123 decrees, orders and sentences (i.) Of any Justice or Justices124 exercising the (iii.) Of the Inter-State Commission, 129 but as to and the judgment of the High Court in all such cases shall be final130 and conclusive. But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council. Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court. $124. "JUSTICE EXERCISING ORIGINAL JURISDICTION." Legislation. Judiciary Act 1903-1910, sections 27, 34, 77. ANY OTHER FEDERAL COURT." Legislation. Commonwealth Conciliation and Arbitration Act 1904-1911, section 11. Commonwealth Conciliation and Arbitration Act 1915, section 21AA. ANY COURT EXERCISING FEDERAL JURISDICTION." Appeal to High Court in Federal cases. Mode of appeal. Appeals as of right. Test of Federal jurisdiction. State procedure in Federal jurisdiction. Time limit. Matters pending in High Court. Removal of Federal causes. Mandamus prohibition and injunction. The power of removal-a branch of appeal. Appeal in Commonwealth indictable cases. SUPREME COURT OF ANY STATE." Legislation. Judiciary Act 1903-1910, section 35. Appeals as of right. Any summons or matters. Appellate amount. |