Application by Damien Stapleton for an inquiry into an election in the Australian Theatrical & Amusement Employees Assocaition [1984] FCA 291

Qa\

IN THE FEDERAL COURT OF AUSTRALIA )

OF NEW SOUTH WALES ) N.S.W. No. 9A of 1982 INDUSTRIAL DIVISION )

THE CONCILIATION AND ARBITRATION ACT 1904 PART Ix

APPLICATION BY DAMIEN STAPLETON FOR AN INQUIRY INTO AN ELECTION

IN THE AUSTRALIAN THEATRICAL

AND AMUSEMENT EMPLIYSES ASSOCIATION

ORDERS

EVATTI J. VATE OF JRDER: 31 Auqust 1984

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

The Notice of Motion dated 30 Auqust 1924 pe dismissed.

~ cee. >

IN THE FEDERAL COURT OF AUSTRALIA ) OF NEW SOUTH WALES ) N.S.W. No.9A of 1982 INDUSTRIAL DIVISION )

ThE CONCILIATION AND ARBITRATION ACT 1904 FART IX

APELICATION BY DAMIEN STAPLETON

FOR AN INQUIRY INTC AN ELECTION

IN THE AUSTPALIAN THEATRICAL

AND AMUSEMENT cMPLOYEES ASSGCTATION

Toram: Evar 7 mber L384

c 2e2nt

oa

FPEASONS FOR JUDGMENT

In matter N.S.W. No. 3A of 13282 Damien Scapleton, a member wh the Australian Theatrical and Amusement Emplovees Stoc1aticr. "the m¢mapicaticon':. an organization eesistered under che Conciliation and Agoitraticn Act Ladd,

Bac

\'rhe Ack o, navina made an arplication cro tne Industrial

Resi3trar pursuant ¢23 3.199 1) of che Ast cecane the

sy re!

atplicant in an inauiry before tne Court neld under Fart Tez

a t

my

of fre Act into an eiseticon For tne firllina of certain

offices witnin the Hew Souch Wales granch « the Eranch": of Ene sald organization. He had seen che secretary of the Branch for some vears prior to the said election but had peen defeated for that office my Me Simon Jenkins ina

two-way contest bv eleven formal votes. '

After a lenathy and hotlv contested inquiry tne Court as presently constituted on 30 Seotember 1983 having

found chat irreaularities had occurred in che said election

made the followina orders pursuant to 3.165'3) of the Act:

"cli The Court determines that irreqularities have eccurred in the 1982 election for the warficers of the New South Wales Sranch of the Australian Theatrical and Amusement Emplovees Assocliatien, hereinafter calied the ATAEA,.