ON 28 NOVEMBER 1957, the High Court of Australia delivered McCosker v McCosker [1957] HCA 82; (1957) 97 CLR 566 (28 November 1957).
http://www.austlii.edu.au/au/cases/cth/high_ct/97clr566.html
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Transport Publishing Co Pty Ltd v Literature Board of Review [1956] HCA 73
ON 7 NOVEMBER 1956, the High Court of Australia delivered Transport Publishing Co Pty Ltd v Literature Board of Review [1956] HCA 73; (1956) 99 CLR 111 (7 November 1956).
http://www.austlii.edu.au/au/cases/cth/high_ct/99clr111.html
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Taronga Zoological Park Act 1956 No 19 (NSW)
ON 20 SEPTEMBER 1956, the NSW Parliament enacted the Taronga Zoological Park Act 1956 No 19.
http://www.austlii.edu.au/au/legis/nsw/num_act/tzpa1956n19264/
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Hamilton v Nuroof (WA) Pty Ltd [1956] HCA 42
ON 10 AUGUST 1956, the High Court of Australia delivered Hamilton v Nuroof (WA) Pty Ltd [1956] HCA 42; (1956) 96 CLR 18 (10 August 1956).
http://www.austlii.edu.au/au/cases/cth/HCA/1956/42.html
The duty of care of a reasonably prudent employer is “a duty to take reasonble care to avoid exposing the employees to unnecessary risks of injury” (per Dixon CJ and Kitto J at 25) and “a duty to ensure that all reasonable steps are taken to provide a safe system of working” (per Fullagar J at 34).
Sydney, Australia
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Holloway v McFeeters [1956] HCA 25
ON 16 JUNE 1956, the High Court of Australia delivered Holloway v McFeeters [1956] HCA 25; (1956) 94 CLR 470 (6 June 1956).
http://www.austlii.edu.au/au/cases/cth/high_ct/94clr470.html
Sydney, Australia
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R v Kirby; Ex parte Boilermakers’ Society of Australia (“Boilermakers’ case”) [1956] HCA 10
ON 2 MARCH 1956, the High Court of Australia delivered R v Kirby; Ex parte Boilermakers’ Society of Australia (“Boilermakers’ case”) [1956] HCA 10; (1956) 94 CLR 254 (2 March 1956).
http://www.austlii.edu.au/au/cases/cth/HCA/1956/10.html
The Commonwealth Court of Conciliation and Arbitration was established under the Conciliation and Arbitration Act 1904 (Cth). The court was vested it with federal executive powers under s51(xxv) of the Australian Constitution regarding “conciliation and arbitration for the prevention and settlement of industrial disputes extending beyond the limits of any one State”. The court also exercised federal judicial jurisdiction and power as a court under Chapter III of the Constitution.
The High Court ruled that the Commonwealth Court of Conciliation and Arbitration was unconstitutional because it conferred non-judicial functions on a Chapter III court.
The decision confirmed the doctrine of separation of powers in the Constitution by the rule that it is unconstitutional for non-judicial power to be conferred on a Chapter III court.
Sydney, Australia
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Zuijs v Wirth Brothers Pty Ltd [1955] HCA 73
Zuijs v Wirth Brothers Pty Ltd [1955] HCA 73; (1955) 93 CLR 561 (15 December 1955).
http://www.austlii.edu.au/au/cases/cth/high_ct/93clr561.html
Sydney, Australia
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Long Service Leave Act 1955 (NSW)
ON 5 NOVEMBER 1955, the NSW Parliament enacted the Long Service Leave Act 1955.
http://www.austlii.edu.au/au/legis/nsw/consol_act/lsla1955179/
Sydney, Australia
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May v O’Sullivan [1955] HCA 38
ON 18 JULY 1955, the High Court of Australia delivered May v O’Sullivan [1955] HCA 38; (1955) 92 CLR 654 (18 July 1955).
http://www.austlii.edu.au/au/cases/cth/HCA/1955/38.html
This decision sets out a procedural rule concerning the prosecution’s burden and onus of proof in criminal proceedings. There are two limbs.
The first limb: At the close of the prosecution case, the defendant may make a submission, without calling evidence, that there is “there is no case to answer”. The question to be determined is whether or not the defendant ought to be lawfully convicted on the prosecution’s evidence alone.
The second limb: The question to be determined, as a question of fact, is whether or not on the whole of the evidence before it the court is satisfied of the defendant’s guilt beyond a reasonable doubt.
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John Fairfax & Sons Pty Ltd v McRae [1955] HCA 12
John Fairfax & Sons Pty Ltd v McRae [1955] HCA 12; (1955) 93 CLR 351 (18 March 1955).
http://www.austlii.edu.au/au/cases/cth/HCA/1955/12.html
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