Mapstone, David John Garland & Ors v Thornton, William & Anor [1982] FCA 281

281(B2

CATCHWORDS

/

INDUSTRIAL CONCILIATION AND ARBITRATION - Registered Organisation - Order that members observe Rules of Organisation ~ application for order requiring out-going office-bearers to hand control of Union bank accounts

to in-coming office-bearers - relevance of pending

application under Part IX for election enquiry.

Conciliation and Arbitration Act 1901, ss. 141, 159 and 165

DAVID JOHN GARLAND MAPSTONE, BERNADETTE ANNE CALLAGHAN, DIANNE MARGARET LINNANE and CHRISTOPHER WOODS -v- WILLIAM THORNTON and JOAN RIORDAN

Qld Q9 of 1982

FITZGERALD J. BRISBANE 15 DECEMBER 1982

2. THE COURT FURTHER ORDERS THAT the application

is adjourned to a date to be fixed.

2. since the declaration of the poll and acceptance of the returning officers' report by the Branch Council, come

to an end by virtue of Rule 27.

'

However, challenges to those elections have been initiated this morning, and will no doubt be referred to the court forthwith in accordance with para. 159 (4) (a)

of the Conciliation and Arbitration Act 1904, and

thereupon, as provided by that paragraph, an enquiry

shall be deemed to have been instituted. However,

the Court will not be required to proceed with the enquiry unless it is satisfied that there are reasonable grounds for the application (para. 159(4) (b)), and may not declare the election void or declare that any person was not elected unless of opinion that, having regard to any irregularity found and any circumstances giving rise to

a likelihood that similar irregularities may have occurred or may occur, the result of the election may

have been or may be affected by irregularities (sub-s. 165(4)).

I have had placed before me a copy of Miss Riordan's application for an enquiry concerning the election in which she was involved, and I have been informed that the applications by Mr Muller and Mr Palmer are relevantly identical. In broad terms, three matters are raised. One complaint relates to acts and omissions of the Commonwealth Electoral Office in the conduct of the election. Although in respect of this and the other