Bond v Commonwealth

High Court of Australia
Country	Australia

Bond v Commonwealth (1903) was an early Australian Legal case that established rights under the Australian constitution as over-riding statute.^[1][2] It was also the second case heard before the High Court of Australia.

Facts of the Case

The High Court who heard the case. Photo taken at the first sitting of the court on 6 October 1903 shows Barton, Griffith & O'Connor seated, with court officials in the background.

Mr. Bond, the plaintiff had been an employee of the Post and Telegraph Department of the State of Victoria, and had been transferred to the Commonwealth postal service upon federation. According to the requirements of Section 69 of the Australian Constitution^[3] he was entitled to equivalent remuneration. In his case however, his wages had dropped from £150 to £132 per annum. The case was appealing this reduction, under section 84 of the Constitution,^[4] which guaranteed commensurate wages for transferring employees, and also under the Commonwealth Public Service Act 1902.

The defendant (The Commonwealth) argued that:

the "Public Service Act, it is not enforceable in a Court of law by reason of the provisions of sec. 78(1) of that Act, which provides that "Nothing in this Act shall authorize the expenditure of any greater sum out of the Consolidated Revenue Fund by way of payment of any salary than is from time to time appropriated by the Parliament for that purpose"…^[5]

Judgment

Chief Justice Griffith, held in the judgment that the constitution did grant a right, in Bonds case a right to continued employment and receive equivalent wages. Regarding the defendant’s case, whether the Public Service Act^[6] was or was not defensible in a court, the court held this was irrelevant in the face of Bonds Constitutional right and the judgment ruled it unnecessary to consider the question altogether.

References