Federal Court of Australia
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CATCHWORDS Industrial law - registered organization - election - whether misleading of electors an "irregularity" - application for inquiry - whether application specified irregularity - whether
application validly made.
Concrliation and Arbitration Act 1904, s. 159, Part IK, s. 4(1).
Judiciary Act 1903, s. 23(2)(b).
R. v. Gray; Ex parte Marsh, High Court of Australia, 17/10/85,
unreported.
Evans v.Crichton-Browne (1981) 147 C.L.R. 169.
Consandine v. Strathfield Municipal Council (1981) 44 L.G.R.A.
435.
Re Bragg and Australasian Society of Engineers (South Australian
Branch) (1985) 60 A.L.R. 136.
IN THE MATTER OF AN APPLICATION BY DUDLEY BRAILEY FOR AN INQUIRY INTO ELECTIONS IN THE FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION OF AUSTRALIA
GRAY J. BRISBANE
21ST NOVEMBER 1985
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY INDUSTRIAL DIVISION
No. Q 10 of 1985
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IN THE MATTER of an Application by DUDLEY BRAILEY
for an inquiry into elections
in the FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES
UNION OF AUSTRALIA
MINUTE OF ORDER
JUDGE: GRAY J. DATE OF ORDER: 21ST NOVEMBER 1985 WHERE MADE: BRISBANE
THE COURT ORDERS THAT the purported application for an inquiry into elections is dismissed.
NOTE: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF' AUSTRALIA
QUEENSLAND DISTRICT REGISTRY INDUSTRIAL DIVISION
No. Q 10 of 1985
IN THE MATTER of an Application by DUDLEY BRAILEY for an inquiry into elections
in the FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES
UNION OF AUSTRALIA
JUDGE: GRAY J. DATE: 21ST NOVEMBER 1985
REASONS FOR JUDGMENT
On 29th July 1985, the Industrial Registrar referred to the Court an application by Dudley Brailey, which purported to be made pursuant to s. 159 of the Conciliation and Arbitration Act 1904 ("the Act"). The Application sought an inquiry pursuant to Part IX of the Act into elections in the Queensland Branch of the Federated Liquor and Allied Industries Employees Union of Australia. The elections were for the offices of guardian, two trustees, eight members of the branch committee of management, and three branch representatives on the federal council of the Union. The elections had been completed by the time when the
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