PALLING, Studley Bruce

Family Name:

Palling

Given Names:

Studley Bruce

Gender

Male:

Birth-date:

Unknown, probably 1949

Death-date:

Unknown

Marital Status:

Unknown, probably single

Age Range:

Early 20s

Location:

VIC, Carlton

Occupation:

Journalist

Primary Motivation:

Draft Resister

Reason for Court Appearance:

[1] Failure to attend the medical examination

[2] Challenge of the validity of Sect 49(2) of the Labour and National Service Act 1964

[3] Non-payment of fine convicted for non-attendance at the medical examination

Court Name and Location:

[1] Court of Petty Sessions, Carlton

[2] High Court of Australia, full bench

[3] Court of Patty Sessions, Melbourne

Court Hearing Date:

[1] 10 August 1970

[2] 12-13 October 1970

[3] 8 February 1971

Court Outcome:

[1] Convicted and fined $50

[2] Challenge dismissed

[3] Convicted and jailed for 7 days

Military Event:

National Service and Vietnam War 1964-1972

Further Information:

Studley Palling was a Journalist from Carlton an inner suburb of Melbourne. He refused to register under the Labour and National Service Act 1964 (NSA). He also refused to attend the mandatory medical examination required under the Act. At the Magistrates Court at Carlton, he was convicted of that offence on 10 August 1970. He was sentenced and fined $50. He also refused to enter into a recognizance to attend a future medical. The Crown’s legal counsel under Sec.49(2) of the NSA requested the magistrate impose a mandatory 7 days jail. This was not imposed because Studley’s legal counsel, Dr C Pannam, indicated that Studley would challenge its validity in the High Court of Australia. He failed to pay the $50 fine and was sentenced to 7 days jail. The full bench of the High Court heard, in Melbourne, the challenge on 12-13 October 1970. Pannam reminded the court that under the NSA a person who was convicted of attending the medical exam was liable to a fine of not less than $40 and no more than $200. Further it provided that the prosecution can request the court to ask the defendant to undertake a recognizance to attend a future medical. If the defendant failed to give that assurance, then he was automatically subject to a 7 days jail sentence. This was the case for Studley. Pannam argued that, this gave the prosecution a measure of judicial power in that it could ‘trigger off’ a chain of consequences, knowing the ultimate result…this was contrary to the provisions of the Commonwealth Constitution. The full bench dismissed the application. He was convicted in the Magistrates Court on 8 February 1971 for his failure to pay the $50 fine for a failure to attend the medical examination during 1970. It is unknown what subsequent interaction, if any, Studley had with the NSA authorities. The NSA was suspended in early December 1972 with a change of Federal Government.

Confirmatory Sources:

Peacemaker, May/ June 1970, p.4; August/September 1970, p.7; October/ November 1970, p.3; March/ April 1971, p.11; May/ June/ July/ August 1971, p.11.

Palling v Corfield [1970] HCA 53; (1970) 123 CLR 52 (9 December 1970) https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/1970/53.html

Canberra Times, 13 October 1970, p.8.