McCawley v The King

The case of McCawley v The King involved an appeal to the Privy Council from the High Court of Australia. The primary issue was the validity of an appointment of the appellant, Thomas William McCawley, as a Judge of the Supreme Court of Queensland. The Queensland Constitution and the Industrial Arbitration Act of 1916 were central to the legal dispute. The respondents argued that the appointment was invalid due to inconsistencies between the Act and the Constitution, and because the appointment was for life, whereas the Act provided for a seven-year term.

The Privy Council held that the Queensland Constitution did not possess a special, controlled nature that would prevent it from being amended by ordinary legislative processes. The court found that the Industrial Arbitration Act of 1916 was not ultra vires, and it authorized the appointment of a Judge for a period of seven years, extendable if the appointee remained in good behaviour and retained their position as a Judge of the Industrial Arbitration Court. The commission appointing McCawley was interpreted as valid, appointing him for the period stipulated by the Act. The Privy Council reversed the decisions of both the High Court and the Supreme Court of Queensland, finding the appellant's appointment valid.