Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) I 7 of 1985
GENERAL DIVISTON ) I 8 of 1985
BETWEEN: ROBERT THOMAS CAMPBELL
AND: MICHAEL CONNOLLY Applicants
AND: GEORGE ROBERT CRAWFORD AND ORS
Respondents
CORRIGENDA
Amendments to the Reasons for Judgement of Wilcox J. delivered 4th October 1985:
Date:
Page 62: Solicitors for the Applicant, substitute "Messrs
W.G. McNally & Co" for "Messrs Ryan Carlisle Needham Thomas".
Page 62: Solicitors for the Respondents substitute "Messrs Ryan Carlisle Needham Thomas" for "Messrs WN.G. McNally & Co."
16 October 1985
¥. Hilton Associate to Mr Justice Wilcox
= AQCT 985
FErsyc. 1ur INDUSTRIAL LAW - Amendment of rules titles" having the effect of abolishing branche Power 3 Council to so amend the rules - Whether CUP er are Federal Council to so amend rules without referencedto, a fé feted branches contravene s.140(1)(a), (c) or (d) or Conciliation and Arbitration Act - Validity of resolution moved by delegate from an unfinancial branch - Meaning of "unfinancial" - Whether branch was in fact unfinancial - Effect of lack of notice to councillors of proposal to abolish a particular branch - Whether Federal Council was bound by the rules of natural justice to give to the members of that branch an opportunity to be heard ~ Whether decisions to amend rules vitiated by the pursuit by some members of Council of an unauthorized purpose - Manner of exercise of the Court's discretion. -
Conciliation and Arbitration Act 1904 s.2(f), 140, 197A Conciltation and Arbitration Regulations reg.115(1)(d)(v)
Wright v. McLeod (1983) S51 A.L.R. 483, Consett Industrial and Provident Society Limited v. Consett Iron Company Limited £1922] 2 Ch.135, Wiseman v. Professionl Radio and Electronics Institute of Australasia (1978) 35 F.L.R. 24, Municipal Officers' Association of Australia v. Lancaster (1981) 37 A.L.R. 559, Imlach v. Daley (Full Court, 23 April 1985), Morris v. Federated Liquor and Allied Industries Employees' Union of Australia (1978) 35 A.L.R. 60, Lynch v Hodges (1963) 4 F.L.R. 348, Allen v. Townsend (1977) 31 F.L.R. 431, Brophy v. Mapstone (1984) 56 . A.L.R. 135, Maysh v. Adamson (Full Court, °*29 March 1985) applied. Cook v. Crawford (1982) 62 P.L.R. 34, Squires v. Stephenson (1983) 4 1.R. 1, 84 not followed Campbell v. Higgins (1957) 3 F.L.R. 317, Winter v. McAdam (1957) 1 F.L.R. 210, McLure v. Mitchell (1924) 6 A.L.R. 471 distinguished. Cook v. Crawford (1981) 52 F.L.R. 1; Pyneboard Pty. Limited v. Trade Practices Commission (1982) 39 A.L.R. 565, Federal Commissioner of Taxation v. Kearney (1985) 85 A.T.C. 4183, McLeish v. Kane (1978) 22 A.L.R. 547, Hodder v. Australian Workers Union (Pincus J, 2 August 1985) Steuart v. Oliver (No. 2)(1971) 18 F.L.R. 83, Magner v. Fowler (1979) 46 FSL.R. 78, De vaynes v. Noble (Clayton's case) 1816), Mer. 572, Re Footman Bower & Co. Limited £19611 1 Ch. 443 referred to.
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