Allen, Francis v Henderson, Thomas Horatio [1983] FCA 229

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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 - Brinciples regarding compliance with orders - Failure to comply to be established beyond

reasonable doubt.

Conciliation and Arbitration Act, 1984 s.141

FRANCIS ALLEN V. THOMAS HORATIO HENDERSON Nos. W.A. 9, 10 and 11 of 1983 Beaumont, J.

Sydney. 2 September, 1983.

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IN THE FEDERAL COURT OF AUSTRALIAWESTERN AUSTRALIA DISTRICT REGISTRY

INDUSTRIAL DIVISION

BETWEEN FRANCIS ALLEN 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:

1. The information be dismissed.

No. W.A. 9 of 1983

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IN THE FEDERAL COURT CF AUSTRALIA

) ) WESTERN AUSTRALIA DISTRICT ) ) )

REGISTRY INDUSTRIAL DIVISION No. W.A. 9 of 1983

BETWEEN FRANCIS ALLEN Prosecutor

AND THOMAS HORATIO HENDERSON Defendant

CORAM: Beaumont, J.

DATED: 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

Abritration Act, 1904 ("the Act").

A member of an organisaticn may apply to the Court under s.141(1) of the Act for an order under s.141 in respect of the organisation. An order under s.1l4]1 may give directions for the performance or observance of any of the rules of an crganisation by any person whe 1s under an obligation to perform or observe those rules (s.141(1G)). A person shall not fail to comply with a direction or order of