Federal Court of Australia
A125
Industrial law - whether candidate validly elected to
CATCHWORDS
membership - interpretation of rules - meaning of "All persons present and voting" - rule requiring names of candidates for membership to be submitted to Annual General Meeting for election to membership - whether such rule 18 oppressive, unreasonable or unjust -
Conciliation and Arbitration Act, s.2(e) and (f), s.140,
8.141.
Re: LYNCH v. HOWARD N.S.W. No. 29 of 1979 J.B. Sweeney J. Sydney
13th December, 1979
IN THE FEDERAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION
NEW SOUTH WALES DISTRICT REGISTRY
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of an application under Section 140 thereof
THE COURT ORDERS THAT:
The application be dismissed.
BETWEEN ALICE ROSE LYNCH Claimant AND W.J. HOWARD, A. BARTON, J. MARSHALL, J. OSBORNE, K. MARCH, N. MCGREGOR, E, JOHNSON, D. WATKINS, F. LAURIE, D. WITTINGSLOW, W. NOCK, W. SPICER, L.J. OSBORNE, A. FOSTER, F. FOSTER, R. SMALL, E. TREVORS, B. RENET, A. BOWDEN, L.J. SHORT AND THE SHOWMEN'S GUILD OF AUSTRALASIA Respondents (N.S.W. No. 29 of 1979) ORDER JUDGE MAKING ORDER: J.B. SWEENEY J. DATE OF ORDER: 13th December, 1979 WHERE MADE: Sydney
IN THE FEDERAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION (N.S.W. NO. 29 OF 1979)
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NEW SOUTH WALES DISTRICT REGISTRY
IN THE MATTER of the Conciliation and Arbitration Act, 1904
AND IN THE MATTER of Applications under Sections 140 and 141 thereof
BETWEEN ALICE ROSE LYNCH Claimant
AND W.J. HOWARD, A. BARTON, J. MARSHALL, J. OSBORNE, K. MARCH, N. MCGREGOR, E. JOHNSON, D. WATKINS, F. LAURIE, D. WITTINGSLOW, W. NOCK, W. SPICER, L.J. OSBORNE, A. FOSTER, F. FOSTER, R. SMALL, E. TREVORS, B. RENET, A. BOWDEN, L.J. SHORT AND THE SHOWMEN'S GUILD OF AUSTRALASIA
Respondents
13th December, 1979 J.B. SWEENEY J.
REASONS FOR JUDGMENT
This 18 an application by Mrs. Alice Rose Lynch firstly for an order pursuant to 8.140 of the Conciliation and Arbitration Act, 1904 ("the Act") declaring that part of r.4 of the rules of The Showmen's Guild of Australasia ("the Guild") contravenes s.140(1)(c) in that it imposes upon applicants for membership conditions, obligations or restrictions which having regard to the objects of the Act and the purposes of the registration of organizations under the Act are oppressive, unreasonable and unjust and secondly for an order pursuant to s.141 of the Act that the personal respondents who are the members of the
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