Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION
NEW SOUTH WALES DISTRICT REGISTRY
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JUDGMENT No.
No.19 of 1979
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under Section 141 of the said Act
BETWEEN:
ROBERT ARTHUR COOK . Claimant
AND:
G. CRAWFORD, G.L. SMITH, S. MUTTON,
R. FATRWEATHER, R. HEVEY, T. BOURKE
and R. MASTERSON Respondents
14 September 1979 EVATT J.
REASONS FOR JUDGMENT
By rule to show cause granted on 31 May 1979 the claimant Robert Arthur Cook seeks orders pursuant to s.141 of the Conciliation and Arbitration Act 1904 (the Act) that the respondents herezn perform and observe the rules of the Plumbers and Gasfitters Employees' Union of Australia (the organization), an organization registered under the Act by treating as null and void resolutions of the Federal Executive
of the organization adopted on 1 and 2 May 1979 purporting
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to expel from membership of the organization five named members of the Sydney branch of the organization and dismissing the said five members from their respective offices in that branch and further that the respondents recognise the said five members as the holders of their respective offices on grounds that rr.13(6) and 35(10)(d) of the rules of the organization
are invalid and on the further ground that each of the five
members were denied natural justice.
The claimant is the Chairman of the Sydney branch
of the organization and was not one of the five members so expelled or dismissed from office. The seven named respondents
are members of the organization constituting its Federal
Executive.
Rule 13(6) reads:
"13. Offences and Charges
6. Any member shall have the right to lay a charge against any member or officer direct to the General Secretary and/or President. Such charge to be dealt with
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