Rahul Sharma (Editor)

R v Kirby; Ex parte Boilermakers' Society of Australia

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Subsequent action(s)
  
none

Decided
  
2 March 1956

Date
  
2 March 1956

Ruling court
  
High Court of Australia

R v Kirby; Ex parte Boilermakers' Society of Australia

Full case name
  
The Queen v Kirby; Ex parte Boilermakers' Society of Australia

Citation(s)
  
[1956] HCA 10, (1956) 94 CLR 254

Judge(s) sitting
  
Dixon CJ, McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ

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The Boilermakers' case was a 1956 decision of the High Court of Australia, holding that the judicial power of the Commonwealth could not be vested in a tribunal that also exercised non-judicial functions. It is a major case dealing with the separation of powers in Australian law.

The significance of the case was that it restricted the use of judicial power to Chapter III courts (under the Australian Constitution), also establishing that these courts could exercise no other power. In this way, it set a high standard for the separation of judicial power.

References

R v Kirby; Ex parte Boilermakers' Society of Australia Wikipedia