Ex parte

[1916] HCA 85

■21 C.L.R.] OF AUSTRALIA.

669

[HIGH COURT OP AUSTRALIA.]

EX PARTE MOTIONS a n d PROHIBITIONS.

Practice— High Court— Full Bench— Ex jxirte motions— Prohibition to the President

H. C. OF A.

of the Commonu^ealth Court of Conciliation and Arbitration— Commonwealth

1910.

Conciliation and Arbitration Act 1904-1915 (A'o. 13 of 1904—No. 35 of 1915),

sec. 21aa.

M e l b o u r n e ,

Sept. 25.

Ex parte motions will not be taken by a Full Eencli.

Griffith C .J .,

MTiere an application is made to the High Court for a prohibition to the

B arton, Isaacs,

Gavan Duffy, Pow ers and

President of the Commonwealth Court of Conciliation and Arbitration the

Court will require the applicant to take advantage of sec. 21aa of the Common­

Uich J J .

wealth Conciliation and Arbitration Act 1904-1915.

Gr if f it h C.J., in the presence of a Full Bench, made the following statement ;—^

Commomvealth Conciliation and Arbitration Act, which creates an alternative mode of obtaining a decision on the objection of want of jurisdiction, it being under­ stood that a Justice sitting alone may refer to the Pull Court any difficult question of law arising upon the application.

A FuU Bench will not take ex parte motions. directed to the President of the Arbitration Court, the High Court wiU exercise its discretion by requiring the party applying to take advantage of sec. 2 I aa of the

B. L.

END OF VOL. XXI.