Huddart, Parker & Co Ltd v Moorehead
| Huddart, Parker & Co Pty Ltd v Moorehead | |
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| Court | High Court of Australia |
| Full case name | Huddart, Parker & Co Pty Ltd v Moorehead; Appleton v Moorehead |
| Decided | 7 June 1909 |
| Citation(s) | [1909] HCA 36, (1909) 8 CLR 330 |
| Case history | |
| Prior action(s) | Court of Petty Sessions 28 Sep 1908 |
| Case opinions | |
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(5:0) the inquiry powers authorised by section 15B of the Australian Industries Preservation Act 1906 were not an exercise of the judicial power of the Commonwealth. (4:1) Sections 5 and 8 of the Act were beyond the corporations power of the Commonwealth per Griffith CJ, Barton, O'Connor & Higgins JJ |
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| Court membership | |
| Judge(s) sitting | Griffith CJ, Barton, O'Connor, Isaacs and Higgins JJ |
| Keywords | |
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 1971.
The case concerned the Australian Industries Preservation Act 1906, commonly referred to as the Anti-trust law, was an Act that sought to ensure freedom of trade and commerce, protection from unfair competition and preventing price fixing and monopolies. Sections 4 and 7 of the Act were directed to conduct in relation to "trade or commerce with other countries or among the States" relying on the trade and commerce power while sections 5 and 8 of the Act were directed to conduct of foreign, trading or financial corporations, relying on the corporations power. The Act was amended to give the Comptroller-General of Customs investigative powers including requiring people to answer questions.
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