Park, Leslie Alan Semple v Henderson, Thomas Horatio [1983] FCA 228

SOS ne ee

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CATCHWORDS

Conciliation and Arbitration Act, 1904 ~- Alleged failure to comply with order of court to perform and observe rules of registered organisation - Suspension and dismissal of branch organisers from office ~ Principles regarding compliance

with orders - Failure to comply to be established beyond

reasonable doubt.

Conciliation and Arbitration Act 1904, s.141.

LESLIE ALAN SEMPLE PARK V. THOMAS HORATIO HENDERSON .

Nos. W.A. 12, 13 and 14 of 1983.

Beaumont, J. Sydney. 2 September, 1983. .

IN THE FEDERAL COURT OF AUSTRALIA ) ) WESTERN AUSTRALIA DISTRICT REGISTRY ) ) INDUSTRIAL DIVISION ) No. W.A. 12 of 1983

BETWEEN LESLIE ALAN SEMPLE PARK Prosecutor

AND THOMAS HORATIO HENDERSON Defendant ORDER Judge making order: Beaumont, J. Date order made: 2 September, 1983. Where made: Sydney

THE COURT ORDERS THAT:

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l. The information be dismissed.

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IN THE FEDERAL COURT OF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT REGISTRY } ) )

INDUSTRIAL DIVISION

No. W.A. 12 of 1983

BETWEEN LESLIE ALAN SEMPLE PARK Prosecutor

AND THOMAS HORATIO HENDERSON Defendant

Beaumont, J.

2 September, 1983

REASONS FOR JUDGMENT

By summons dated 27 May, 1983, the prosecutor charges

the defendant with a failure to comply with an order of this

Court contrary to s.141(4) of the Conciliation and Arbitration

Act, 1904 ("the Act").

This matter and a number of related matters were heard

together. By his summons in this matter dated 27 May, 1983,

the prosecutor makes the following charge against the defendant:

"That on the 9th May 1983 at the offices of the Building Workers' Industrial Union of Australia Western Australian Branch at 108 Beaufort Street Perth in the said State THOMAS HORATIO HENDERSON of 24 Martin Avenue Rivervale in the said State being a person who was on the 6th May 1983 ordered by the Federal Court