R v Spicer; Ex parte Seamen's Union of Australia

For the reasons given we are of the opinion that the rule nisi should be discharged.

I am of opinion that at so early a stage in this matter, this Court, in its discretion, ought not to grant prohibition, if that remedy lies.

The Commonwealth Industrial Court is constituted with jurisdiction to decide the very sort of question which has been debated in this Court. I am of opinion that, assuming that a prima-facie case can otherwise be made out for exercising the jurisdiction to issue a prerogative writ under s. 75 (v.) of the Constitution, this Court ought to exercise its discretion against intervening unless and until the Commonwealth Industrial Court has considered the matter and adjudicated. In these circumstances, I should not think it right to express any opinion on the question.