Federal Court of Australia
INDUSTRIAL DIVISION
IN THE FEDERAL COURT OF AUSTRALIA )
) No.10 of 1979 )
BETWEEN: DAVID McLEISH
a
AND:
Claimant
C.W. FAURE, I. AUCHTERLONIE, E.J. TURNBULL, N.D. KANE, G.C. COLTHORPE, C.J. EMERY, K.B D
-B. GILBERT, S.D. ALLEN,
RYNN, J.R. DEVEREAUX, WALKER and C.O. DOLAN
T M.A
Respondents
Industrial law ~- Registered organization - Whether Court
can consider validity of rules prior to certification by
Registrar - Duty of Registrar ~ Jurisdiction of Court to
make order sought - Declaration - Displacement of statutory
procedure by Court declaration - Consequential orders.
Federal Court of Australia Act 1976 ss.19,21,22
Conciliation and Arbitration Act 1904 ss.140,141
IN THE FEDERAL COURT OF AUSTRALIA
NEW_SOUTH WALES DISTRICT REGISTRY No. 10 of 1979
INDUSTRIAL DIVISION
BETWEEN: DAVID McLEISH Claimant
AND : C.W. FAURE, I.AUCHTERLONIE, E.J. TURNBULL, N.D. KANE, G.C. COLTHORPE, C.J. EMERY, K.B. GILBERT, S.D. ALLEN, T.D. RYNN, J.R. DEVEREAUX, M.A. WALKER and C.O. DOLAN.
Respondents
ORDER
JUDGES MAKING ORDER: J.B. SWEENEY, EVATT AND NORTHROP JJ. DATE OF ORDER: 23 July, 1979
WHERE MADE: SYDNEY
Pursuant to s.21 of the Federal Court of Australia Act 1976 the Court declares that the alteration to the rules of the Electrical Trades Union of Australia approved by a majority of financial members of the Union at a ballot which was completed on 23 March 1979. are not contrary to s.140(1) of the Conciliation and Arbitration
Act 1904 as amended.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. 10 of 1979.
INDUSTRIAL DIVISION
BETWEEN:
DAVID McLEISH Claimant and
C.W. FAURE, I.AUCHTERLONIE,
E.J. TURNBULL, N.D. KANE,
G.C. COLTHORPE, C.J. EMERY,
K.B. GILBERT, S.D. ALLEN, Respondents
T.D. RYNN, J.R. DEVEREAUX,
M.A. WALKER and C.O. DOLAN.
J.B. SWEENEY J. EVATT J. NORTHROP J.
REASONS FOR JUDGMENT 23 July,1979
On 14 November 1978 a Full Court of the Federal Court of Australia, in the exercise of the original jurisdiction of the Federal Court, gave judgment in two matters in respect of the Electrical Trades Union of Australia, the E.T.U., an organization under the Conciliation and Arbitration Act 1904, as amended, the Act, The first of those matters had been brought under s.140 and s.141 of the Act and orders were sought that Rules 9(a) and (d), part of Rule 10, Rule 13 and Rule 20 of the Rules of the E.T.U. contravened s.140(1) of the Act and that specified members of the E.T.U. perform and observe the Rules of the E.T.U. by treating as null and void a specified resolution of the National Council of the E.T.U. The second of those matters had been brought under s.171C of the Act. In giving its reasons for judgment the Federal Court expressed the opinion that the challenge to part of Rule 10, Rule 13 and Rule 20 failed, and that those rules did not contravene s.140(1) of the Act but that Rule 9(d) in its
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