Chalmers v Commonwealth
17 CLR 19Chalmers
vCommonwealth
Judges:
Latham CJ
Rich J
Starke J
Dixon J
McTiernan J
Williams J
Legislative References:
Judiciary Act 1903-1940 - s 18
Income Tax (War-time Arrangements) Act 1942 - The Act
Public Service Act 1902 - s 20(1)(d)
Case References:
South Australia v The Commonwealth - [1942] ALR 186
Wood v Wood - (1923) 93 LJ KB 538
Wilson v Chatterton - [1946] 1 KB 360
Judgment date: 14 October 1946
Order
Questions answered as follows: Question (i) (a) No, (b) Yes. Question (ii) The plaintiff is entitled to be paid by the defendant for overtime, (a) for all work done by him before 8.30 am or after 5 pm on any day Monday to Friday in any week, (c) for all work done by him on any Sunday or public holiday, (b) but not for work done by him on any Saturday within the usual hours of work of the Commonwealth service. Question (iii) No. Case remitted to McTiernan J.