Federal Court of Australia
'ABO
CATCHWORDS Industrial Law - Cunciliation and Arbitration ~ appeal from judgment - prosecution - description of defendant in
information and summons defective - effect of misdescription - whether defendant a juristic person - whether defect can be cured by Formal admissions or inference - information and summons a nullity - consequence of proceedings based on a nullity.
Conciliation and Arbitration Act 1904 5.5
Federal Court of Australia Act 1976 5.2
Green v. Philippines Consulate Generai £1371] V.R. 12 Williams v. Hursey (1959) 103 C.L.R. 30
Parsons v. Martin (1385) 5 F.C.R. 235
ROYAL AUSTRALIAN NURSING FEDERATION TASMANIAN BRANCH
and
MARCTA JOYCE FAWDRY
T. No. 3 of 1986
Evatt, Northrop and Gray JJ. 8 October 19456
Hobart
teen rey
_—
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY T. No. 3 of 1986
eww wn
INDUSTRIAL DIVISION
ON AFPEAL FROM THE FEDERAL COURT OF AUSTRALIA
ROYAL AUSTRALIAN NURSING FEDERATION
TASMANIAN BRANCH Appellant * and MARCIA JOYCE FAWDRE . Respondent
COURT: EVATT, NORTHROP AND GRAY JJ.
DATE: 8 OCTOBER 1936
a]
LACE: HOBART
MINUTES OF ORDER
A. THE COURT DECLARES THAT the information and summons herein are each a nullity.
B. THE COURT ORDERS THAT: - 1. The appeal be allowed.
2. The judgment of 11 July 1986 be set aside.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
ap t=
npemeree ow
IN THE FEDERAL COURT OF AUSTRALIA }
TASMANTA DISTRICT REGISTRi T. No. 2 of 1386
~sS we
INDUSTRIAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN :
ROYAL AUSTRALIAN NURSING FEDERATION
TASMANIAN BRANCH Appellant and MARCIA JOYCE FAWDRY Respondent
COURT: EVATT, NORTHROP AND GRAY JJ.
DATE: 8 OCTOBER 1986
ja]
LACE: HOBART
REASONS FOR JUDGMENT THE COURT This is the hearing of an appeal brought by the appellant in the name "Royal Australian Nursing Federation Tasmanian Branch". The appeal is froma judgment of the Federal Court of Australia constituted by a single Judge given on 11 July 1986. In the reasons for judgment given on
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