Krantz, H.D. & Anor v. Federated Clerks Union of Australia [1985] FCA 267

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Industrial law - registered organization - leave to appeal out of

time.

Conciliation and Arbitration Act 1904, 5s. 140, s. 133A, 5. 139(4), s. 197A

Federal Court of Australia Act 1976, 5. 24(1A)

Federal Court Rules, 0. 52 R. 15

HARRY DAVID KRANTZ and WILLIAM ALEX SMITH v. UNTON OF AUSTRALIA

GRAY J. 24TH MAY 1985 ADELATDE.

FEDERATED CLERKS'

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Tae ted eh CE EN eo

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

INDUSTRIAL DIVISION

JUDGE: GRAY J.

DATE: 24TH MAY 1985

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S.A. No. 6 of 1985

BETWEEN:

HARRY DAVID KRANTZ and WILLTAM ALEX SMITH

Applicants

AND

FEDERATED CLERKS ' UNION OF

EX _TEMPORE REASONS FOR JUDGMENT

This 15 an application

AUSTRALIA Respondent under O. 52 R. 15(2) of the

Federal Court Rules for leave to appeal out of time.

In matter S.A. No.

one other applicant sought a number of orders pursuant to s.

of the Conciliation respect to the rules ("the organization").

140(1)(a) of the Act,

and Arbitration Act of the Federated Clerks Union The application was

alleging failure of the rules to make

13 of 1984 the present applicants and1904 ("the Act"), with

of Australia based in part cn s.

the

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provisions required by 5s. 133A, and in part on a fazlure of the

faw

or

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rules to comply with s. 140(1)(d).

On 21st December 1984 judgment was delivered. The Court

fe tne

found that in one respect the rules failed to make adequate provision for the matters required by s. 133A of the Act. The proceeding was adjourned pursuant to s. 140(6) for the purpose of giving the respondent organization an opportunity to alter its 1 rules. Otherwise, the rule to show cause, which was tne