Huddart, Parker & Co Pty Ltd v Moorehead
Australian constitutional law case / From Wikipedia, the free encyclopedia
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Huddart, Parker & Co Pty Ltd v Moorehead[1] is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the Australian Industries Preservation Act 1906[2] were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power.[3][4] The court, however, divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporations power was to be construed narrowly because the trade and commerce power did not include intrastate trade and commerce.[1] While the reserved powers doctrine was unambiguously rejected by the High Court in 1920,[5] Huddart, Parker was not formally overruled by the High Court until Strickland v Rocla Concrete Pipes Ltd (1971).[6][7]: at [48]-[49]
Huddart, Parker & Co Pty Ltd v Moorehead | |
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Court | High Court of Australia |
Full case name | Huddart, Parker & Co Pty Ltd v Moorehead; Appleton v Moorehead |
Decided | 7 June 1909 |
Citation(s) | [1909] HCA 36, (1909) 8 CLR 330 |
Case history | |
Prior action(s) | Court of Petty Sessions 28 Sep 1908 |
Court membership | |
Judge(s) sitting | Griffith CJ, Barton, O'Connor, Isaacs and Higgins JJ |
Case opinions | |
(5:0) the inquiry powers authorized by section 15B of the Australian Industries Preservation Act 1906 were not an exercise of the judicial power of the Commonwealth. (4:1) Sections 5 and 8 of the Act were beyond the corporations power of the Commonwealth per Griffith CJ, Barton, O'Connor & Higgins JJ | |
Laws applied | |
Overruled by | |
Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (Engineers' case) [1920] HCA 54, (1920) 28 CLR 129 | |
Keywords | |