Chalmers v Commonwealth

17 CLR 19

Chalmers
vCommonwealth

Court:
High Court of Australia - Full Court

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

Hearing date: 15 August 1946
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.