Federal Court of Australia
CATCHWORDS
Sydney Branch No. 10
Industrial law - Election inquiry - failure to comply with procedural rules re ballot papers ~ whether rule mandatory
or directory ~ eligibility for membership of candidate and certain other persons - ballot papers forwarded to persons members of Institute but not members of branch ~ Whether person eligible when admitted to membership ceasing to be eligible remains a member -
Conciliation and Arbitration Act, 1904 8.165, s.144, Reg.115(1) (d) (viii).
N.S.W. 10 OF 1980
APPLICATION BY HAROLD HENRY SIMS FOR INQUIRIES INTO ELECTION IN THE AUSTRALIAN INSTITUTE OF MARINE AND POWER ENGINEERS
(SYDNEY BRANCH)
CORAM: J.B. Sweeney J.
Sydney
29 September 1980.
IN THE FEDERAL COURT OF AUSTRALIA
INDUSTRIAL DIVISION ) No. 10 of 1980 ) )
NEW SOUTH WALES DISTRICT REGISTRY
. IN THE MATTER of the Conciliation and Arbitration Act 1904
AND IN THE MATTER of an application by HAROLD HENRY SIMS for an inquiry into an election for officers of the Australian Institute of Marine and Power Engineers, Sydney Branch
ORDER
JUDGE MAKING ORDER: J.B. SWEENEY J.
DATE OF ORDER: 16 October, 1980
WHERE MADE: Sydney
THE COURT ORDERS THAT:
1.
5.
6.
The election conducted in 1979 for the office of Secretary of the Sydney Branch of the Australian Institute of Marine and Power Engineers be declared void.
That Mr. C. Yule a person purporting to have been elected to the said office be declared not to have been elected. That the Industrial Registrar make arrangements for a new election to be held for the said office.
That Mr. H.H. Sims being a person who held before the purported election the said office act in the office of Secretary of the Sydney Branch of the Australian Institute of Marine and Power Engineers until the result of the new
election be declared. Order (4) is to operate from 7 November, 1980. Liberty 1s reserved to either party to apply on 48 hours
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