Federal Court of Australia
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CATCHWORDS
Conciliation and Arbitration - Organization - Funds of Union raised by contributions, levies and fines - whether Branch resolution imposing levy valid - difference between levy and contribution,
Conciliation and Arbitration Act 1904 s.141
Williams v. Hursey (1959) 103 C.L.R. 30
F. TROJA v. A. BIRD AND OTHERS
V. No. 4 of 1986
Woodward, Evatt and Northrop Jd.
10 duly 1986
Melbourne
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
V. No. 4 of 1986
INDUSTRIAL DIVISION
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ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN : F. TROJA Appellant and A. BIRD AND OTHERS Respondents COURT: WOODWARD, EVATT AND NORTHROP JJ.
DATE: PLACE:
10 JULY 1986
: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT:
The appeal be allowed. The order made on 20 December 1985 be set aside.
In lieu thereof it is ordered that the respondents and each of them perform and observe the rules of The Australasian Meat Industry Employees' Union by treating as null and void and of no effect the resolution passed by them on 22 May 1984, namely "That the Union ticket he
increased by way of a levy of $5.00 per half-year".
Otherwise the rule nisi herein be discharged.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
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IN THE FEDERAL COURT OF AUSTRALTA
) ) VICTORIA DISTRICT REGISTRY ) Vv. No. 4 of 1986 ) )
INDUSTRIAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
F. TROJA Appellant and A. BIRD AND OTHERS Respondents
COURT: WOODWARD, EVATT AND NORTHROP JJ.
DATE: 10 JULY 1986
PLACE: MELBOURNE
REASONS FOR JUDGMENT
THE COURT: It is unfortunate that these proceedings under
s.141 of the Conciliation and Arbitration Act 1904 ("the
Act") had to come on for hearing by the Court. It is even more unfortunate that this appeal had to be brought before a Full Court. At the time of each hearing, the situation giving rise to the dispute between the parties had ceased to exist and there was no practical reason why the proceedings had to be continued. Before making detailed reference to the relevant rules of The Australasian Meat Industry Employees' Union ("the Union"), the matters forming the basis of the
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