Separation of Powers R v Kirby; Ex parte Boilermakers' Society of Australia

the high court had consistently held judicial power of commonwealth not exercised body except court established under chapter iii of constitution or state court invested federal jurisdiction. because separation of judicial , other powers fundamental principle of constitution.

the high court had held separation of powers did not prevent federal court or federal judge discharging other functions. latham cj stated that:

thus, in opinion, not possible rely upon doctrine of absolute separation of powers purpose of establishing universal proposition no court or person discharges federal judicial functions can lawfully discharge other function has been entrusted him statute. proposition, however, not involve further proposition powers or duties, of description whatsoever, may conferred or imposed upon federal courts or federal judges. if power or duty in nature such inconsistent co-existence of judicial power, might held statutory provision purporting confer or impose such power or duty not stand creation of judicial tribunal or appointment of person act member of it.

the power of arbitration court contained in conciliation , arbitration act 1904 relevantly provided that:

29. court shall have power-

(b) order compliance order or award proved satisfaction of court have been broken or not observed

(c) order, enjoin organization or person committing or continuing contravention of act or breach or non-observance of order or award;

29a (1) court has same power punish contempts of power , authority, whether in relation judicial powers , functions or otherwise, possessed high court in respect of contempts of high court.