Murphy, Colin Francs v Aust Postal & Telecommunications Union [1977] FCA 90

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AO COMMONWEALTH OF AUSTRALIA

. IN THE FEDERAL COURT

OF AUSTRALIA

INDUCTRIAL INDIVISION

S.A. No. 13 of 1977

In the matter of -

THE CONCILIATION AND ARBITRATION ACT 7190

Between -

And -

ORDER

JUDGES MAKING ORDER: DATE OF ORDER: WHERE MADE:

THE COURT ORDERS THAT:

vA

COLIN FRANCIS MURPHY

Claimant

AUSTRALIAN POSTAL AND TELECOMMUN-— ICATIONS UNION

Respondent

Smithers, Evatt and Keely, JJ. 26th October 1977 ADELAIDE

1. The Rule Nisi herein be discharged.

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J: We are sorry we have kept you gentlemen so long, Tut we thought we sheuld give thougrs to the questi as to whether or not we should keep you longer still

by requiring argument on the other substantial points in these proceedings. We took time to consider whether or not ve thought the prelininary point was a good one, After such consideration, we have come to the conclusi:: that the preliminary point taken by the respondent is good one and therefore an ansvfer to tne proceedings, ° have taken tine to reduce our reasons to form and they

are as follows:

These are applications nade pursuant to sections 140 and 1441, the substantial objective of vhi~ at

was to achieve the setting aside o* an expulsiion cf u. claimant by the union in September 1976,

In this case there was a preliminary question as to whether the clainant was a member of the union cv the institution of these proccedings. For the purposos both of section 140 and section i4i, the claiuont?s entitlement to bring the proceedings is conditional wo. his being a member of the union at the time of commenscir

proceedings.

The claimant was a member of the union for many years before 26 July 1976, but it is said by the

respondent that on that date he gave three months! now_-

of intention to resign, and also paid to the union euntributions which would be payable py him during the ensuing three montns if he were a member during thai ti. and that in consequence thereof, he veased to be a monk ab the expiration of that three months in October 1976;