Federal Court of Australia
Sy
CATCHWORDS
INDUSTRIAL LAW - application tor declaration that certain persons hold office until forthcoming union election - whether applicant "holding over" as relevant officer - validitv of previous election - construction of Union rules - discretion of Court bo arant relief souaht - whether the application interlocutory in nature or a final hearina.
Concilration and Arbitration Act, 33. l4l. 165
CAMIEN STAPLETON y. FIELD % ofS.
No. [25 mt L3re
Lockhart J. e7 July 1384
Svdnev
IN THE FEDERAL COURT OF AUSTRALIA ) U
Of NEW SOUTH WALES ) BETWEEN : AND: JUDGE MAKING ORDER : LOCKHART J. WHEPE MADE: SYDNEY TATE OF ORDER: 27 JULY 1984 ORDER
The Court orders Fhat:
l.
The rule nisi be discharaed,
No. 125 of 1984
DAMIEN STAPLETON Applicant FIELD & OPS.
Respondents
IN_THE FEDERAL COURT OF AU LIA OF NEW SOUTH WALES
—-—~-~
No. 125 of 1984
BETWEEN
DAMIEN STAPLETON Applicant AND: FIELD & ORS.
Respondents
Coram: Lockhart J. 27 Julv 1984
REASONS FOR JUDGMENT LOCKHART J.
As ( have reached a firm view about the result of this matter
I propose to give judament now. I have been assisted in taking this
course by the full submissions of counsel.
The applicant, Damien Stapleton, seeks an order pursuant to
s. 14L of the Conciliation and Arbitration Act 1904 ("the Act")
directing the respondents to treat him as Secretary of the New South Wales Branch of the Australian Theatrical and Amusement Employees Association ("the Association") until the declaration of the next election for branch officers. An order is also soudht to restrain the respondents from appointina anybody other than the applicant as Secretarv in the meantime. The respondents are the Association and
certain members and officers of the Association.
2.
This application is but one round ina lona and hard fought battle between the parties for control of the New South Wales Branch of the Assoriation ("the Branch"). I suspect it may not be the lasc. The litiaation relates to the 1982 election for officers of the Branch held as lona ago as February 1982. The applicant became Secretary of the Branch 1n 1975. and in 1976 he became the Federal Secretary of the Association. He continued to hold the office of Branch Secretarv
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