Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd. (Engineer's Case)

(1920) HCA 54, 28 CLR 129 (1920)

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Amalgamated Society of Engineers v. Adelaide Steamship Co. Ltd. (Engineer’s Case)

Australia High Court
(1920) HCA 54, 28 CLR 129 (1920)

Facts

The Commonwealth of Australia was founded in 1900 by an act of the British Parliament. The commonwealth is a federation of six states, and the states retained their state constitutions from before the foundation of the commonwealth. In 1920, A union of engineers (plaintiffs) filed a claim in federal court against three governmental employers (defendants). The governmental employers responded by claiming intergovernmental immunity as defined under D’Emden v. Pedder. The governmental employers argued that D’Emden granted them immunity from the commonwealth’s federal control of state trading. The governmental authorities also argued that Section 107 of the Constitution provides the states with the ability to legislate state matters including industrial disputes. The parties appealed the matter to the high court on the constitutionality of intergovernmental immunity.

Rule of Law

Issue

Holding and Reasoning (Isaacs, J.)

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