Federal Court of Australia
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74 IN THE FEDERAL COURT OF AUSTRALIA '
TASMANIA DISTRICT REGISTRY No. 1 of 1979.
INDUSTRIAL DIVISION
- IN THE MATTER of the FDDERATED LIOUOR and ALLIED INDUSTRIES EMPLOYEES USTON OF AUSTRALIA, an Organisation of employces under the Conciliation and Arbitration Act 1904
AND IN THE MATTER of an application by CHRISTINE ELLLUN HUXTABLE, NICHOLAS JOEN SHERRY and MICHAEL AlFD for an inquiry into elections in the Tasmanian Branch of the organisation.
CATCHWORDS.
Industrial law - Application for inquiry into elections in an organisation conducted under section 170 of Conciliation and Arbitration Act
- alleged irregularities - interpretation by returning officer of rule prescribing qualifications for office - gratituous advice - nominations accepted in accordance with rules but contrary to previous advice - whether reasonable ground for application - meaning of "irregularity" - time election commenced - whether applicants deprived of right to nominate -— dutics of Returning Officer.
Conciliation and Arbitration Act ss.4, 133(1)(c), 140, 159, 165 and 170.
26/¢/ 74
IN THE FEDCRAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY No. 1 of 1979.
INDUSTRIAL DIVISION
IN THE MATTER of the FPEDLDRATED LIQUOR and ALLIED INDUSTRIES EMNPLOYSES Ulicny OF AUSTRALIA, an Organisation OL employees under the Conciliation and Arbitration Act 1904
AND IN THE MATTER of an application by CHRISTINE ELLEN HUXTABIS, NICHOLAS JOHN SHERRY and MICHALL AIRD for an Inquiry into elections in the Tasmanian Branch of the organization.
NORTHROP J. REASONS FOR JUDGMENT 26 April, 1979.
In April 1978, Kevin James Ogle, in his capacity as an officer of the Australian Electoral Office, Hobart, as the Returning Officer, commenced, pursuant to s.170 Conciliation and Arbitration Act 1904, as amended, the
Act, to conduct elections in the Tasmanian Branch of the Federated Liquor and Allied Industries Employees Union of Australia, the Union, an organisation of employees under
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