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| Pirrie v McFarlane (1925) ： ウィキペディア英語版 |
Pirrie v McFarlane
''Pirrie v McFarlane'' is a landmark decision of the High Court of Australia on Intergovernmental immunity between tiers of government in the Australian federal system.
== Facts ==
The defendant Thomas McFarlane was prosecuted under sec. 6 of the ''Motor Car Act 1915'' (Victoria) as he drove a motor-car upon a public highway without being licensed. McFarlane’s defence was that as a duly enlisted member of the Royal Australian Air Force and that on the occasion in question he was on duty driving a car belonging to the Air Force, under orders from his superior officer, was thus on Air Force business.
The Police Magistrate dismissed the case, ruling that ''D'Emden v Pedder'' applied. The Supreme Court of Victoria declined to hear the case, as it involved a question as to the limits ''inter se'' of the constitutional powers of the State and the Commonwealth, leaving it to be considered by the High Court under s. 40A of the ''Judiciary Act 1903'', which at that time stated:
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