Subsequent action(s) none Decided 2 March 1956 | Date 2 March 1956 Ruling court High Court of Australia | |
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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 People also search for Kable v Director of Public Prosecutions |
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(Text) CC BY-SA