Austlii (High Court of Australia) Constitutional Law (Cth) – Inconsistency between Commonwealth and State laws – Compensation of seamen – Laws expressly contemplating coexistence of laws – Whether Commonwealth law covers field – The Constitution (63 and 64 Vict c. 12), s.109 – Seamen’s Compensation Act 1911 (Cth), ss.5(2)(e), 10A – Australia Act 1986 (Cth), s.2(1) – Workers’ Compensation Act 1926 (NSW), ss.7,46.
Constitutional Law – State Parliament – Powers – To make laws for peace, order and good government – Connexion of operation of law with State – Remote or general connexion sufficient – Workers’ compensation claimed by crew member of State-registered ship – Whether eligible to claim only under Commonwealth legislation – Registration of ship sufficient connexion with State – Extraterritorial operation.
Workers’ Compensation (N.S.W.) – Entitlement – Territorial limits of jurisdiction – Compensation under State law unavailable under Commonwealth law – Claim under State law – Whether maintainable – Crew member of State-registered ship.
Judges:
Mason CJ, Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ
Citations:
(1988) 166 CLR 1, [1988] HCA 55
Links:
Jurisdiction:
Australia
Cited by:
Cited – Bancoult, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 2) HL 22-Oct-2008
The claimants challenged the 2004 Order which prevented their return to their homes on the Chagos Islands. The islanders had been taken off the island to leave it for use as a US airbase. In 2004, the island was no longer needed, and payment had . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 06 December 2022; Ref: scu.277170
