Squires, Richard James v Stephenson, Keith & Ors [1983] FCA 19

CATCHWORDS

Industrial law - membership of registered organisation - charge against member of. disobedience to lawful decision

of Federal Council - charge invalid for procedural and substantive reasons - amendment of rules of organisation - procedure to be foliowed - whether certain rules contravene

'

provisions of the Conciliaticn and Arbitration Act 1904 -

Conciliation and Arbitration Act 1904, ss.132, 139, 140,

141, and 188; regulations thereunder 115(1)(d)(111) ana (v).

RICHARD JAMES SQUIRES v. KEITH STEPHENSON and Ors.

V No.6 of 1981

Sheppard J, Sydney 14 February, 1983

IN THE FEDERAL COURT OF AUSTRALIA )

) ViCIORI"£ DISTRICT REGISTRY ) V No. 6 of 1981 INDUSTRIAL DIVISTON

IN THES MATTER of the Conciliation and Aroitration Act, 1904. BETWEEN RICHARD JAMES SUUIRES Applicant AND KEITH STEPH=NSCh and Ors.

Respondents

CORE Snenvard J. fee olor \qSS

SEASONS FOR JUDGMENT

This 1s the return of a rule to show cause granted by Northrop J. on 4 May, 1981. The applicant is e nember of the Flight Stewards' Association of Australia, an organisation registered pursuant to the provisions of s.132 of the Concalietion and Arbitration act 1904 ("the Act"). The application is brought purauvant to ss.14U0 and 141 of the Act. The respondents to the application are the ASsociation already mentioned and the members of the Federal

Council thereof. One of these (the evidence does not reveal his name) had resigned before the events in question in the proceedings. An amendment to the title of the proceedings

should be made before any final order 1s taken out,

The applicant seeks a number of orders each of whicn is specifred in the rule. Rather than set out the orders sougnt in this gudgment I heave appended the rule as a schedule to it.-

The applicant did not eventually press for orders 5(c), 6, 7 or 10(iv). Order 3(b) was amended by sub- stituting for the word "describing" in the first line thereof the word "treating". There were some other amendments made during the course of the hearing to which I snall later refer.