Huddart, Parker & Co Pty Ltd v Moorehead is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the Australian Industries Preservation Act 1906 were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power. The court however divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporatio
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| - Huddart, Parker & Co Pty Ltd v Moorehead (en)
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| - Huddart, Parker & Co Pty Ltd v Moorehead is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the Australian Industries Preservation Act 1906 were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power. The court however divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporatio (en)
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| - Huddart, Parker & Co Pty Ltd v Moorehead (en)
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court
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full name
| - Appleton v Moorehead (en)
- Huddart, Parker & Co Pty Ltd v Moorehead; (en)
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judges
| - Griffith CJ, Barton, O'Connor, Isaacs and Higgins JJ (en)
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keywords
| - Australian constitutional law (en)
- (en)
- corporations power (en)
- judicial power (en)
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has abstract
| - Huddart, Parker & Co Pty Ltd v Moorehead is a leading decision by the High Court of Australia that dealt with two issues under the Australian Constitution, the identification and extent of judicial power that is vested in the courts and the corporations power of the Parliament. The Court unanimously held that the inquiry provisions of the Australian Industries Preservation Act 1906 were not an exercise of judicial power. The judgement of Griffith CJ in particular continues to be cited in relation to its examination of the identification and extent of judicial power. The court however divided on the proper approach to the corporations power. The majority, Griffith CJ, Barton & O'Connor JJ, strongly influenced by the now discredited doctrine of reserved State powers, held that the corporations power was to be construed narrowly because the trade and commerce power did not include intrastate trade and commerce. While the reserved powers doctrine was unambiguously rejected by the High Court in 1920, Huddart, Parker was not formally overruled by the High Court until Strickland v Rocla Concrete Pipes Ltd (1971). (en)
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opinions
| - (per Griffith CJ, Barton, O'Connor & Higgins JJ) (en)
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