John Charles Penhallurick & Ors v Application for an inquiry into an Election in the Transport Workers Union [1983] FCA 205

CATCHBWOARDS

INDUSTRIAL ~- whether reasonable ground for applications for inquiry into elections for various positions 1n the Queensland

branch of the Transport Workers' Union of Australia.

Conciliation and Arbitration Act, ss. 159(4)(b) and 165(4)

Re: JQHN CHARLES PENHALLURICK AND ORS, Applicants APPLICATION FOR AN INQUIRY INTO AN ELECTION IN THE TRANSPORT WORKERS' UNION

FITZGERALD J. BRISBANE 19 AUGUST 1983

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY } NO. Q2 OF 1983 INDUSTRIAL DIVISTON )

JOHN CHARLES PENHALLURICK AND ORS

APPLICANTS

APPLICATION FOR AN INQUIRY INTO AN ELECTION IN THE TRANSPORT WORKERS' UNION

ORDER JUDGE MAKING ORDER: FITZGERALD J. DATE OF ORDER: 19 AUGUST 1983 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The application for inquiry into the elections be set down for hearing on 4,

5, 6 and 7 October 1983.

IN THE FEDERAL COURT OF AUSTPALTA ) QUEENSLAND DISTRICT REGISTRY ) NO. Q2 OF 1983 INDUSTRIAL DIVISION )

JOHN CHARLES PENHALLURICK AND ORS

APPLICANTS

APPLICATION FOR AN INQUIRY INTO AN ELECTION IN THE TRANSPORT WORKERS' UNION

FITZGERALD J. 19 AUGUST 1983

EXTEMPORE REASONS FOR JUDGMENT

A number of persons have lodged applications pursuant to

5.159 of the Conciliation and Arbitration Act 1904, as amended,

("the Act"), claiming that there were irreqularities in or in connection with elections for various positions in the Queensland branch of the Transport Workers' Union of Australia ("the branch"). The elections were conducted under s.180 of the Act by

an officer of the Australian Electoral Office in Brisbane.

The proceedings have been before me on prior occasions and pursuant to directions then given the applicants' contentions

and the respondents' rival contentions have been reduced to

points of claim and points of defence. Further, the parties have exchanged affidavits and it is common ground that the material