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Clyde Engineering Co Ltd V Cowburn
''Clyde Engineering Co Ltd v Cowburn'',. is a High Court of Australia case about inconsistency between a Commonwealth and a State law, which is dealt with in s 109 of the Australian Constitution. It contains classic statements of the denial of rights test and the covering the field test for inconsistency. Background The ''Forty-Four Hours Week Act'' 1925 (NSW) provided that workers under a Commonwealth award which stipulated a working week longer than 44 hours should be paid their full wages if they had worked for 44 hours. Cowburn was an employee of Clyde Engineering, and worked a 44-hour week. However, the Commonwealth award stated that a worker who performed less than 48 hours of work should have pay deducted for non-attendance. The decision Knox CJ and Gavan Duffy J noted that the impossibility of obedience test (see '' R v Licensing Court of Brisbane; Ex parte Daniell''). may not be appropriate in all circumstances. They formulated a new test: where one statute confers ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was established following the passage of the ''Judiciary Act 1903'' (Cth). Its authority derives from chapter III of the Australian Constitution, which vests it (and other courts the Parliament creates) with the judicial power of the Commonwealth. Its internal processes are governed by the ''High Court of Australia Act 1979'' (Cth). The court consists of seven justices, including a chief justice, currently Stephen Gageler. Justices of the High Court are appointed by the governor-general on the formal advice of the attorney-general following the approval of the prime minister and Cabinet. They are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. Typically, the court operates by receiving applicati ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
R V Licensing Court Of Brisbane; Ex Parte Daniell
''R v Licensing Court of Brisbane; Ex parte Daniell''. is a High Court of Australia case about inconsistency between Commonwealth and State legislation, which is dealt with by s 109 of the Australian Constitution. It is the leading example of what is known as the impossibility of simultaneous obedience test. Background Section 166 of the ''Liquor Act'' 1912 (Qld) stated that a State referendum on liquor trading hours was to be held on the same day as the Senate elections. However, section 14 of the ''Commonwealth Electoral (Wartime) Act'' 1917 (Cth) forbid electors from voting at a State referendum or vote on the same day as the Senate elections, which were held on 5 May 1917. The decision It was held that there was an inconsistency between the Queensland and Commonwealth Acts, and thus the State law, to the extent of the inconsistency, is invalid. It is an example of impossibility of simultaneous obedience because had State officials obeyed the State law by conducting th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1926 In Case Law
Nineteen or 19 may refer to: * 19 (number) * One of the years 19 BC, AD 19, 1919, 2019 Films * ''19'' (film), a 2001 Japanese film * ''Nineteen'' (1987 film), a 1987 science fiction film * ''19-Nineteen'', a 2009 South Korean film * ''Diciannove'', a 2024 Italian drama film informally referred to as "Nineteen" in some sources Science * Potassium, an alkali metal * 19 Fortuna, an asteroid Music * 19 (band), a Japanese pop music duo Albums * ''19'' (Adele album), 2008 * ''19'', a 2003 album by Alsou * ''19'', a 2006 album by Evan Yo * ''19'', a 2018 album by MHD * ''19'', one half of the double album ''63/19'' by Kool A.D. * ''Number Nineteen'', a 1971 album by American jazz pianist Mal Waldron * ''XIX'' (EP), a 2019 EP by 1the9 Songs * "19" (song), a 1985 song by British musician Paul Hardcastle * "Stone in Focus", officially "#19", a composition by Aphex Twin * "Nineteen", a song from the 1992 album ''Refugee'' by Bad4Good * "Nineteen", a song from the 2001 al ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (Keith Urban album), 2024 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
George Winterton
George Graham Winterton (15 December 1946 – 6 November 2008) was an Australian academic specialising in Australian constitutional law. Winterton taught for 28 years at the University of New South Wales before taking up an appointment of Professor of Constitutional Law at the University of Sydney in 2004. Winterton served as a member of the Executive Government Advisory Committee of the Constitutional Commission from 1985 to 1987. Early life Winterton was born in Hong Kong on 15 December 1946. His parents, Rita and Walter, had married in Hong Kong after fleeing Austria shortly after the 1938 Nazi invasion. His father practised medicine in Japanese-occupied Hong Kong and, in May 1947, he and his family sailed to London on the ''MV Lorenz''. Walter having gained an English medical qualification, the Wintertons left Britain in 1948, arriving in Australia in November where Walter became a general practitioner in Western Australia, first at Pingelly, Western Australia, Pingelly t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Section 109 Of The Australian Constitution
Section 109 of the Constitution of Australia is the part of the Constitution of Australia that deals with the legislative inconsistency between federal and state laws, and declares that valid federal laws override ("shall prevail") inconsistent state laws, to the extent of the inconsistency. Section 109 is analogous to the Supremacy Clause in the United States Constitution and the paramountcy doctrine in Canadian constitutional jurisprudence, and the jurisprudence in one jurisdiction is considered persuasive in the others. Text Section 109 of the Constitution of Australia provides that: Section 109, together with section 5 of the ''Commonwealth of Australia Constitution Act 1900'' (which is not part of the Australian Constitution) have been considered to be the foundation for the existence of the judicial review power in Australia. The section provides: "Invalidity of a State law" does not mean that the State law is invalid in the positivist sense that the State Parliament ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Constitutional Law
Australian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Legal cases regarding Australian constitutional law are often handled by the High Court of Australia, the highest court in the Australian judicial system. Several major doctrines of Australian constitutional law have developed. Background Constitutional law in the Commonwealth of Australia consists mostly of that body of doctrine which interprets the Commonwealth Constitution. The Constitution itself is embodied in clause 9 of the Commonwealth of Australia Constitution Act, which was passed by the British Parliament in 1900 after its text had been negotiated in Australian Constitutional Conventions in the 1890s and approved by the voters in each of the Australian colonies. The British government did, however, insist on one change to the text, to allow a greater range of appeals to the Privy Council in London. It came into force ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Victoria V Commonwealth (1937)
''Victoria v Commonwealth'' may refer to a number of High Court of Australia The High Court of Australia is the apex court of the Australian legal system. It exercises original and appellate jurisdiction on matters specified in the Constitution of Australia and supplementary legislation. The High Court was establi ... cases: * ''Victoria v Commonwealth'' (1926) 38 CLR 399, the ''Federal Aid Roads Act'' case * ''Victoria v Commonwealth'' (1937) 58 CLR 618, the Kakariki/Shipwrecks case * ''Victoria v Commonwealth'' (1957) 99 CLR 575, the Second Uniform Tax case * ''Victoria v Commonwealth'' (1971) 122 CLR 353, the Payroll Tax case * ''Victoria v Commonwealth'' (1975) 134 CLR 81, the ''Petroleum and Minerals Authority Act'' case * ''Victoria v Commonwealth'' (1975) 134 CLR 338, the Australian Assistance Plan case * ''Victoria v Commonwealth'' (1996) 187 CLR 416, the ''Industrial Relations Act'' case {{Caselaw disambiguation Case law disambiguation pages High Court o ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Owen Dixon
Sir Owen Dixon (28 April 1886 – 7 July 1972) was an Australian judge and diplomat who served as the sixth Chief Justice of Australia. Many consider him to be Australia's most prominent jurist.Graham Perkin �Its Most Eminent Symbol Hidden by The Law (published in The Age on 23 September 1959) Dixon served as a justice of the High Court of Australia, High Court for 35 years, including a 12 year period as Chief Justice. He was considered in his time to be one of the world's leading common law jurists, and his judgments reportedly "carried persuasive effect wherever the common law was applied". In his lifetime, he was showered globally with various honours, including an appointment to the Privy Council, various honours such as the Order of St Michael and St George, GCMG and Order of Merit, as well as honorary degrees from the university of Oxford, Harvard, Melbourne, and the Australian National University, as well as an award from Yale for "services to mankind". The Briti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clyde Engineering
Clyde Engineering was an Australian manufacturer of locomotives, rolling stock, and other industrial products. It was founded in September 1898 by a syndicate of Sydney businessmen buying the Granville factory of timber merchants Hudson Brothers. The company won contracts for railway rolling stock, a sewerage system, trams and agricultural machinery. In 1907 it won its first contract for steam locomotives for the New South Wales Government Railways. By 1923 it had 2,200 employees. After contracting during the depression it became a major supplier of munitions during World War II. In 1950 it was awarded the first of many contracts for diesel locomotives by the Commonwealth Railways after it was appointed the Australian licensee for Electro-Motive Diesel products. Apart from building locomotives and rolling stock, Clyde Engineering diversified into telephone and industrial electronic equipment, machine tools, domestic aluminium ware, road making and earth making equipmen ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Adrian Knox
Sir Adrian Knox (29 November 186327 April 1932) was an Australian lawyer and judge who served as the second Chief Justice of Australia, in office from 1919 to 1930. Knox was born in Sydney, the son of businessman Sir Edward Knox. He studied law at Trinity College, Cambridge, and after returning to Australia established a successful law firm. He was elected to the New South Wales Legislative Assembly in 1894, but retired in 1898 after just two terms in office. Knox eventually became one of the best known barristers in New South Wales, taking silk in 1906 and appearing frequently in major constitutional cases. In 1919, he was somewhat unexpectedly nominated by Billy Hughes to succeed the retiring Samuel Griffith as Chief Justice. The most famous decision of his tenure was the '' Engineers case'' of 1920. Early life Knox was born in Sydney on 29 November 1863, the son of Sir Edward Knox and the former Martha Rutledge. His mother was born in Ireland, and was the sister of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
