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ARBITRATION COURT.

An Important Decision.

{Received Last Night, at 9.19 p.m,) Sydney, Yesterday.

The High Court delivered judgment in the appeal against the decision of the Arbitration Court and the Full Courtthat the former possessed the power of making a common rule—and upheld the appeal with costs, grantmg a prohibition against the Arbitration Court. The judge declared that the Arbitration Court had exceeded its power. An industrial agreement might be an enforcement between the parties bound by it, but it was no basis for a common rule. The Chief Justice said the Arbitration Court in this case had assumed jurisdiction which the Legislature had not intended to give it, and had endeavoured by a short cut, without first providing the safeguard stipulated by the Act, to impose an obligation upon a person not before it. This common rule decision effects soveral common rules already made by the Arbitration Court.

{Received Tliis Morning, at 1.14 a.m.)

Sydney, Last Night,

Trade Unionists and employers alike agree that the common rule decision struct at the vical principle of the Arbitration Act. Out of forty-five agreements already registered by the Court the common rule applied to fifteen. Troublous times are predicted for those concerned thereunder, and it probable that some steps will be taken in the direction of Having the common rule validated in these cases.

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Permanent link to this item

https://paperspast.natlib.govt.nz/newspapers/WDT19041209.2.21.3

Bibliographic details

Wairarapa Daily Times, Volume XXVIII, Issue 8014, 9 December 1904, Page 5

Word Count
222

ARBITRATION COURT. Wairarapa Daily Times, Volume XXVIII, Issue 8014, 9 December 1904, Page 5

ARBITRATION COURT. Wairarapa Daily Times, Volume XXVIII, Issue 8014, 9 December 1904, Page 5