[6][7] The six remaining judges,[8] were similarly split with two judges, Edward Dunphy and Sir Edward Morgan, being appointed to the Commonwealth Industrial Court and four, Sir Richard Kirby, Alfred Foster, Sydney Wright and Richard Ashburner being appointed to the Commonwealth Conciliation and Arbitration Commission.

[9] The Australian Government challenged the High Court's decision in the Boilermaker's case and obtained special leave to appeal to the Privy Council on 1 June 1956.

[5] The Australian parliament did not wait for the outcome of the appeal, passing the Conciliation and Arbitration Act which received assent on 30 June 1956.

[6] The court was formally established on 15 August 1956 and then Attorney-General John Spicer was appointed the first, and as it transpired, only, Chief Judge.

[21] The establishment of a federal court was proposed at least as early as 1957,[19] and was announced by Nigel Bowen, the Attorney-General, in 1967.