Federal Court of Australia
CATCHWORDS
Industrial law - Conciliation and Arbitration - registered organisations - duty of officers - prohibition on using resources of an organisation during an election to support one group of candidates and or to denigrate another group of candidates - duty on officers to exercise powers conferred upon them bona fide for the purposes for which the powers are conferred.
Conciliation and Arbitration Act 1904 5.141
LINDSAY JAMES TANNER
and
J.P, MAYNES, J. RIORDAN, r.W. SULLIVAN, R.J. WASSON, H. DARROCH and M. BOURKE
V. No. 6 of 1985
Evatt, Northrop and Keely JJ.
Melbourne
20 December 1985 at Tyie
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. 6 of 1985
wee ew
INDUSTRIAL DIVISION
BETWEEN:
LINDSAY JAMES TANNER Applicant
and
g.P. MAYNES, J. RIORDAN, T.W. SULLIVAN, R.J. WASSON, H. DARROCH and M, BOURKE Respondents
COURT: EVATT, NORTHROP AND KEELY JJ. DATE: 20 DECEMBER 1985
PLACE: MELBOURNE
MINUTE OF ORDER
THE COURT ORDERS THAT:
1. The interlocutory orders made herein be discharged.
2. The respondents Riordan, Sullivan, Wasson and Darroch be released from the undertakings given by them on 30 April 1985,
3. The rule nisi herein be discharged.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
IN THE FEDERAL COURT OF AUSTRALIA ) }
VICTORIA DISTRICT REGISTRY ) V. No. 6 of 1985 )
INDUSTRIAL DIVISION )
BETWEEN : LINDSAY JAMES TANNER Applicant and
J.P. MAYNES, J. RIORDAN,
T.W. SULLIVAN, R.J. WASSON,
H. DARROCH and M. BOURKE Respondents COURT: EVATT, NORTHROP AND KEELY JJ. DATE: 20 DECEMBER 1985 PLACE: MELBOURNE
REASONS FOR JUDGMENT
EVATT AND NORTHROP Jd.
Lindsay James Tanner ("the Applicant") 15 a member of the Federated Clerks Union of Australia ("the Union"), an organisation of employees under the Conciliation and Arbitration Act 1904 ("the Act"). The Applicant is attached to the Victorian Branch of the Union. By notice given on 1 April 1985, the returning officer gave notice that he was conducting an election within the Victorian Branch for the following offices, namely, President, Deputy Fresident, Vice President, State Secretary, Assistant State Secretary, State Councillors (17 in total), National Councillors (6 in total),
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