Federal Court of Australia
CATCHWORDS
Registered organisation - removal from office of branch secretary by committee - refusal to allow agent of branch secretary to be present - actual bias or reasonable
apprehension of bias - whether denial of natural justice -
Conciliation and Arbitration Act s.14l
CAINS v. JENKINS & ORS
V. No. 25 of 1979
Coram: J. B. Sweeney, St John & Keely JJ.
Place: Sydney
Date: 20 December 1979
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
V. No. 25 of 1979
INDUSTRIAL DIVISION
BETWEEN:
eee
DAVID JAMES CAINS Appellant
and
EILEEN JENKINS, CARLO FRIZZIERO,
NICK PANNAGOPOULOS, GEORGE BISSIOTIS, MORGAN DAVIS, PAUL COOPER, SHIRLEY SKIDMORE, ALFRED GEMPTON, ELSIE HILL, BEVERLEY WEBBER, SHIRLEY BIRCH, KIM HAMMERLUND, BRIAN MOREL AND MEGAN CHALON
Respondents
ORDER
JUDGES MAKING ORDER: J.B. Sweeney, St. John & Keely JJ.
DATE OF ORDER:
WHERE MADE:
20 December, 1979
SYDNEY
THE COURT ORDERS THAT: Appeal be dismissed.
WN
ed
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIAN DISTRICT REGISTRY
INDUSTRIAL DIVISION
) ) ) V. No.25 of 1979. ) )
IN THE MATTER OF The Conciliation
and Arbitration Act 1904
BETWEEN ;
DAVID JAMES CAINS
AND
Appellant
EILEEN JENKINS, CARLO FPRIZZIERO,
NICK PANNAGOPOULOS, GEORGE BIisSSioTvTis, MORGAN DAVIS, PAUL COOFER, SHIRLEY SKIDMORE, ALFRED GHMPTON,
ELSIE HII, BEVERLEY WEBBER, SHIRLEY BIRCH, KIM HAMMERLUND, BRIAN MOREL and MEGAN CH&I ON
~
XN Respondents
J.B. SWEENEY J. AND ST.JOHN of.
An application by the claimant for a rule nisi, pursuant to
Section 141 of the Conciliation and Arbitration Act 1904
(The Act), that the respondents perform or observe the rules
of the Victorian branch of a registered organization, namely the Federated Confectioners' Association, by treating as null and void the resolutions of the committee of management
(the committee) of that branch, at a meeting held on
ll April, 1979, was @ischarged by Northrop J. on 26 June, 1979. Those resolutions dismissed the appellant from his former office of Branch Secretary after he was found guilty of certain charges against him. Against such discharge an
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