Schedlich v Commonwealth

In this action, Alfred Lewis Schedlich sued the Commonwealth, alleging he was underpaid between November 1905 and August 1912. The plaintiff sought a declaration that the Commonwealth was not entitled to reduce his salary upon his transfer from the South Australian Public Service. The matter was heard by Rich J. of the High Court.

The court was required to determine two principal legal issues. Firstly, whether the plaintiff's "chance of promotion" from his position in the South Australian Public Service constituted an existing or accruing right protected by section 84 of the Constitution. Secondly, the court had to consider whether the plaintiff, having received salary increments prior to his formal classification under the Commonwealth Public Service Act 1902, had acquired a right to continue receiving that increased salary, or if the Public Service Commissioner was precluded from allotting a different salary, provided it was not less than his salary at the time of transfer.

Rich J. held that the plaintiff's chance of promotion was not an existing or accruing right within the meaning of section 84 of the Constitution, particularly in light of the conditions stipulated in section 22 of the South Australian Civil Service Act 1874. His Honour further found that the salary increments received by the plaintiff during the transitional period before formal classification did not confer any right to continue receiving that salary. The court reasoned that the plaintiff's existing and accruing rights were satisfied, and the provisional treatment during the transitional period did not create a right to maintain his pre-classification salary or prevent the Commissioner from assigning a salary that was equal to or greater than that received at the time of transfer.

The action was dismissed. Although the plaintiff's claim failed, no order was made as to costs, as the case was considered a test case that might impact similar situations in other states.