Federal Court of Australia
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CATCHWORDS Industrial law - construction of rules of registered organization - meaning of "eligible to hold" - whether
Federal Secretary entitled to remain in office when no longer branch Secretary - Court's discretion in proceedings under s. 14i where delay by applicant - whether "holding over" clause contrary to s. 133(1)(db) or imposes conditions which are
oppressive, unreasonable or unjust.
DAVID SCOTT ALLSHORN v DAMIEN STAPLETON and OTHERS
Conciliation and Arbitration Act 1904, ss. 133(1)(db),
T40(i)(a), 140(1)(c) and 141
CORAM : KEELY J. DATE : 27 FEBRUARY, 1984 PLACE : MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
)
) VICTORIA DISTRICT REGISTRY ) V No. 22 of 1983 ) : )
INDUSTRIAL DIVISION
BETWEEN
DAVID SCOTT ALLSHORN
Applicant
AND
_DAMIEN STAPLETON, CLIFFORD JOHN FIELD, SIMON JENKINS, JOHN WILLIAM SMITH, PETER HULL, HEC. WHITE, ELIZABETH BRYAN, REGINALD STARR, HARRY BLUCK, ROBERT CAKEBREAD, EDWARD GOLDSWORTHY, WYNNE WILSON, DENTS SHELVERTON and THE AUSTRALIAN THEATRICAL AND AMUSEMENT EMPLOYEES ASSOCIATION
Respondents
27 February, 1984 KEELY J.
ORDERS
1. The application for thé rule to show cause to be
enlarged is refused.
2. The rule to show cause, granted on 19 July, 1983, is
discharged.
3. Liberty 1s reserved to the respondents to have the
ee eke a ee ne ot ie Oe ee
matter re-listed for the purpose of hearing submissions
as to costs.
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
INDUSTRIAL DIVISION
BETWEEN
27 February, 1984
) ) ) V No. 22 of 1983 ) )
DAVID SCOTT ALLSHORN
Applicant
DAMIEN STAPLETON, CLIFFORD JOHN FIELD, SIMON JENKINS, JOHN WILLIAM SMITH, PETER HULL, HEC. WHITE, ELIZABETH BRYAN, REGINALD STARR, HARRY BLUCK, ROBERT CAKEBREAD, EDWARD GOLDSWORTHY, WYNNE WILSON, DENIS SHELVERTON and THE AUSTRALIAN THEATRICAL AND AMUSEMENT EMPLOYEES ASSOCIATION
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