AJ 025 Lecture Notes - Lecture 13: Judiciary Act 1903, Owen Dixon, Obiter Dictum

• School: College of The Sequoias
• Department: Administration of Justice (AJ)
• Course: AJ 025
• Professor: shirk

Document Summary

Position after engineers decision was that states were no longer immune from cth laws. But also said in obiter that cth no longer immune from state laws. Cth officer driving on state road found to be bound by state traffic legislation. Applied obiter from engineers and reached decision that cth and its officers not immune from state laws. Started to look like both levels could bind each other. Nsw companies act, relevant provisions diminished cth right to priority in certain circumstances. Prior to this cth had right to prerogative as creditor (right to be paid in full before other creditors). After decision in engineers and pirrie, nsw has capacity to diminish cth power. Dixon j dissented because it didn"t address relationship between state and cth but between cth and its subjects. Same provisions in nsw companies act challenged. But majority upheld dixon"s dissent in uther.