R v Kirby; Ex parte Boilermakers' Society of Australia
R v Kirby; Ex parte Boilermakers' Society of Australia, known as the Boilermakers' Case, was a 1956 decision of the High Court of Australia which considered the powers of the Commonwealth Court of Conciliation and Arbitration to punish the Boilermakers' Society of Australia, a union which had disobeyed the orders of that court in relation to an industrial dispute between boilermakers and their employer body, the Metal Trades Employers' Association.
| R v Kirby; Ex parte Boilermakers' Society of Australia | |
|---|---|
| Court | High Court of Australia |
| Full case name | The Queen v Kirby, Dunphy, Ashburner and Metal Trades Employers Association; Ex parte Boilermakers' Society of Australia |
| Decided | 2 March 1956 |
| Citation(s) | [1956] HCA 10, (1956) 94 CLR 254 |
| Case history | |
| Prior action(s) | |
| Case opinions | |
| Majority | Dixon CJ, McTiernan, Fullagar & Kitto JJ |
| Dissent | Williams, Webb & Taylor JJ |
| Attorney-General (Cth) v The Queen | |
|---|---|
| Court | Judicial Committee of the Privy Council |
| Decided | 19 March 1957 |
| Citation(s) | [1957] UKPC 4, [1957] AC 288; [1957] UKPCHCA 1, (1957) 95 CLR 529 |
| Court membership | |
| Judge(s) sitting | Viscount Kilmuir LC, Viscount Simonds, Lord Morton of Henryton, Lord Tucker, Lord Cohen, Lord Keith of Avonholm and Lord Somervell of Harrow. |
The High Court held that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law.
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