Butler v Attorney-General (Victoria)
106 CLR 268(Judgment by: Menzies J)
Between: Butler
And: Attorney-General (Victoria)
Judges:
Fullagar J
Kitto J
Taylor J
Menzies JWindeyer J
Subject References:
CONSTITUTIONAL
Inconsistency
Revival of State Act upon expiration of Commonwealth Act
Legislative References:
Constitution (Cth) - s 109
Judgment date: 2 June 1961
Melbourne
Judgment by:
Menzies J
In my judgment, when in 1958 Div. 2 of Pt II of the Re-establishment and Employment Act 1945 (Cth) ceased to operate, the operation of the Discharged Servicemen's Preference Act 1943 (Vict.) (which in Wenn v Attorney-General (Vict.) [F31] this Court decided was "invalid" for inconsistency in 1947) revived; but because, while the Commonwealth Act was in operation, the Public Service Act 1946 (Vict.) had been enacted as an exhaustive statement of the law of the State relating to the appointment and promotion of public servants, the Discharged Servicemen's Preference Act 1943 did not in 1959 give the plaintiff any preference in promotion in the Public Service and his claim for a declaration that it did so must fail.
I have had the advantage of reading the judgments of Kitto J. and Taylor J. and I do not desire to do more than express my complete concurrence with the reasons that they give for the foregoing conclusions.