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IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY No. 9 10 of 1985
INDUSTRIAL DIVISION
IN THE MATTER of an application by DUDLEY BRAILEY for an inquiry into an election in the FEDERATED LIQUOR AND ALLIED INDUSTRIES EMPLOYEES UNION OF AUSTRALTA
JUDGE: GRAY J.
DATE: 15TH OCTOBER 1985
EX TEMPORE REASONS FOR JUDGMENT
On 29th July 1985, the Industrial Registrar referred to the Court an application by Dudley Brailey, dated 18th July 1985.
That application is made under Part IX of the Conciliation and
Arbitration Act 1904. It seeks an inquiry into elections for a
mumber of offices in the Queensland Branch of the Federated Liquor and Allied Industries Employees Union of Australia. I shall endeavour to summarize the irregularities alleged in that
application.
In the first place, Mr. Brailey complains that the material distributed in support of certain candidates in the
election describes Mr. Brailey as having been guilty of divisive
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-2- and disruptive conduct and as having acted in opposition to the branch secretary. Mr. SBrailey contends that those descriptions
are misleading and likely to cause people not to vote for him.
The second complaint is that certain candidates issued election material describing themselves as the "Official Unity Team". It is contended that such an application is misleading, in that it anvolves claims of sponsorship which the candidates did not have, that sponsorship being sponsorship by or on behalf
of the organization itself.
After directions had been given, and by a later affidavit filed on 25th September 1985, Mr. Brailey sought to raise a further area of alleged irregularity. This was the contention that certain persons:
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