R v Kelly; Ex parte Berman [1953] HCA 82 — BarristerAI

R v Kelly; Ex parte Berman

(1953) 89 CLR 608; [1953] HCA 82

High Court of Australia1 December 1953

Ratio Decidendi

On an application for prohibition, the merits of the case are immaterial. It is not to the point to show that in fact the defendant did not commit the offence or that the evidence disclosed that he did not commit one. The only question is whether the court had jurisdiction to hear the charge and to make the order.

Quick Take

The Court held that directions under s 96M(6) may extend to persons who are strangers to a union election where ballot papers have come into their hands by error, but the directions must be objectively reasonably incidental to conducting the election to prevent irregularities.

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Legal Areas

Contract LawProcedural Fairness

Linked Principles

Legal principles extracted from this case

01On an application for prohibition, the merits of the case are immaterial. It is not to the point to show that in fact the defendant did not commit the offence or that the evidence disclosed that he did not commit one. The only question is whether the court had jurisdiction to hear the charge and to make the order.
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Case Details

Citation[1953] HCA 82

Reported(1953) 89 CLR 608

CourtHCA

JurisdictionCommonwealth

Decision Date1 December 1953

Built by Barristers,
For Australian Law.

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Judgment

Reported

(1953) 89 CLR 608

Authorities Cited5›

Cases considered by R v Kelly; Ex parte Berman

Referred to (5)

Federated Ironworkers' Association of Australia v Commonwealth [1951] HCA 71 Swinton v China Mutual Steam Navigation Co Ltd [1951] HCA 54 Deatons Pty Ltd v Flew [1949] HCA 60 R v Murray; Ex parte Proctor [1949] HCA 10 Ridley v Whipp [1916] HCA 76

Subsequent Judicial Consideration2›

Cases that have considered R v Kelly; Ex parte Berman

Referred to (2)

NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (includes summary and corrigendum dated 10 September 2002) [2002] FCAFC 228 R v Kirby; Ex parte Boilermakers' Society of Australia ("Boilermakers' case") [1956] HCA 10

Judicial Consideration (Chronological)

NAAV v Minister for Immigration & Multicultural & Indigenous Affairs (includes summary and corrigendum dated 10 September 2002) [2002] FCAFC 228Referred to

R v Kirby; Ex parte Boilermakers' Society of Australia ("Boilermakers' case") [1956] HCA 10Referred to

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue

On an application to set aside a statutory demand under section 459G of the Corporations Act 2001 (Cth), the Wallaroo-Yorke rule for statutory demands requires the applicant to identify with specificity the offsetting claim relied upon, supported by evidence sufficient to demonstrate a genuine triable issue.

R v Kelly; Ex parte Berman at [30]

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence

The principle of proportionality in sentencing requires that the sentence imposed bear a reasonable relationship to the objective gravity of the offence, having regard to the maximum penalty prescribed by the legislature as an indicator of the seriousness with which Parliament regards the offence.

R v Kelly; Ex parte Berman at [37]