Federal Court of Australia
» ' IN THE FEDERAT, COURT OF AUSTRALIA Oy uy = soo
VICTOR'A DISTRICT REGISTRY hog ~ ae? 28 jot 3982 Te ao BETES INDUSTRIAL DIVISTOL WD é aay BETWEEN: MICHAEL PATRICK BOURKE, PATRICK BROPHY, JOZN FOs, PAUb GRIFFITHS, TED KOWALSAL, DaVID LoWIS, VIUCD MCKENNA, GORDOM te>t JOU NUCIFORA, B GRAHAM TREACY Applicanzs
and
DAVID JOBS GARLAND MARGARST Din.iANe, CALLAGHAN, CHRIST RUSSELL FORE, rv BETTE LORRAINE ANDeh., GABRIELLE MARY CRAWFORD, MAPY ANTOINETTE WILLIAMS, GALI GOPRIS, JEFrrREY ALAN MULIER, ALBERT ANTGOnr PAR, BARRY TREVOR LLINSKET, AXEVIN LOSLIC ELRNCHI, DAVID SIEL APPLEBY, SOLE Baic FauhLs, BRIAN FRANCIS TOGLEY, REGINALD CHARLES O'BRICN, LESLIS JOM? BOURKH, DAVID ROSS GRANT COSSART ana the
FEDERATED CLERKS UNION OF AUSTRALIA
Resnonescuc
CORAM: Northrop J. DATE: 9 April 1984 WHERE MADE: Brisbane
CRDIR
The Court orders that the rule nisi made berezn o1 Lt
1963 be discharded.
Octe:-
IN_THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. 28 of 1953
eee
INDUSTRIAL DIViSLON
BETWEEN:
MICHAEL PATRICK BOURKE and ORS. Applicarcts
and DAVID JOHN GARLAND MAPSTONE and ORS. Respondents
CORAM: Northrop J. PLACE: Brisbane DATE: 9 April 1984
REASONS FOR JUDGMENT
Michael Patrick Bourke is a member of the Federated Clerks' Union of Australia ("the Union"), an organization cf employees under the Conciliation and Arbitration Act 290% ("the Act"). He is attached to the Federated Clerks' Union of Australia (Central and Southern Queensland Branch) Union of Employees ("the 3raach"), a Eranch of the Union. He ais a
member of the Branch Council of the Branch. On J4 Octorer
1953 he commenced these proceedings against the Union and t*> twenty other members of the Pranch Council. The centra! issue raised by the proceedings is whether a resolution
190n
acted upon by the Branch Council on 11 February 1933 1% dismissing ten employees employed by the Branch, was valid. If the resolution is anvalid, consequential orders ar? sought, but that part of the proceedings has been deferre' pending the determination of the validity of the resolution. The proceedings are brought under s.141 of the Act and the Union is a party since orders are sought relating to ttc
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