Rolph, John Charles v Transport Workers Union of Australia [1984] FCA 109

Industrial Law - Commonwealth - Registered organization -

CATCHWORDS

Rules - Resolutions by special meeting of branch that | branch secretary guilty of substantial breach of the rules,

gross misbehaviour and gross neglect of duty - Office of | branch secretary declared vacant - Whether proceedings in

breach of the rules - Whether a denial of natural justice - Validation by operation of statute - whether application

of validating provision would do substantial injustice.

Conciliation and Arbitration Act 1904, sections 171F and 171G

Australian Workers" Union v. Bowen [No. 2] (1948) 77 C.L.R. 601

Norman and Moran v. National Dock Labour Board [1957]

T Cloyd's Rep. 455

Re Compaction Systems Pty. Ltd. and the Companies Act [1976] 2 N.S.W.L.R. 477

A.C.T. No. 2 of 1983 JOHN CHARLES ROLPH v. TRANSPORT WORKERS UNION OF AUSTRALIA

Neaves J.

Canberra 17 April 1984

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY

No. A.C.T. 2 of 1983 DISTRICT REGISTRY

wer ae a

INDUSTRIAL DIVISION

BETWEEN: JOHN CHARLES ROLPH Applicant AND: TRANSPORT WORKERS" UNION

OF AUSTRALIA

Respondent

ORDER JUDGE MAKING ORDER: Neaves J. DATE OF ORDER: 17th April 1984 WHERE MADE: Canberra

THE COURT ORDERS THAT the application be dismissed.

IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. A.C.T. 2 of 1983 DISTRICT REGISTRY ) ) INDUSTRIAL DIVISION ) BETWEEN: JOHN CHARLES ROLPH Applicant AND: TRANSPORT WORKERS' UNION OF AUSTRALIA Respondent

CORAM : Neaves J.

DATE: 17 April 1984

REASONS FOR JUDGMENT

This is an application by John Charles Rolph ("the applicant") for an order under section 171G of the Conciliation and Arbitration Act 1904 ("the Act"). The particular order sought is an order declaring that the application of section 171F of the Act to certain motions declared carried, and a certain further dec- laration made, at a special meeting of the Tasmanian