Federal Court of Australia
tp: 6b Beep
CATCHWORDS
Practice and procedure - striking out claims where no pleading -
whether power to strike out at any time - whether claims clearly
unarguable.
Industrial law - registered organization - entitlement to membership - whether jurisdiction to decide validity of demand
for payment - performance and observance of rules - method of
commencing proceedings.
Conciliation and Arbitration Act 1904, ss. 140, 141, 143(1)(d), 144,
Builders Labourers' Federation (Cancellation of Registration -
Consequential Provisions) Act 1986
Federal Court of Australia Act 1976, s. 21.
Builders Labourers Federation (Cancellation of Registration -
Consequential Provisions) Requlations
Federal Court Rules o. lr. 4, 0. 4 rr. 6(L), 15, 0. ll v. 16, 0.
20 vr. 2, o. 40 rr. 5, 6.
Dey v. Victorian Railways Commissioners (1949) 78 C.L.R. 62
General Steel Industries Inc. v. Commissioner for Rallways
(N.S.W.) (1964) 112 C.L.R. 125 Cook v. Crawford (1982) 62 F.L.R. 34
McLeish v. Faure (1979) 40 F.L.R. 462.
sot
JOHN _T. ROBERTS v. AUSTRALIA & ANOR.
-2- THE BUILDING WORKERS'
N.S.W. No. 24 of 1986
GRAY J. SYDNEY
12TH FEBRUARY 1987.
INDUSTRIAL UNION OF
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ow
IN THE
FEDERAL COURT OF AUSTRALIA ) )
NEW SOUTH WALES DISTRICT REGISTRY ) N.S.W. No. 24 of 1986
)
INDUSTRIAL DIVISION )
JUDGE:
DATE:
BETWEEN:
JOHN THOMAS ROBERTS Applicant AND
THE BUILDING WORKERS' INDUSTRIAL UNION OF AUSTRALIA
First Respondent DON McDONALD
Second Respondent
GRAY J.
12TH FEBRUARY 1987
MADE: SYDNEY
WHERE
MINUTE OF ORDER
THE COURT ORDERS THAT:
l.
ny .
Note:
The claim the subject of the first paragraph numbered 5 in the application dated 29th September 1986 is dismissed.
The claim against the second respondent the subject of the paragraph numbered 6 in the said application is dismissed.
Otherwise the motions the subject of the notice or motion filed on 29th October 1986 are dismissed.
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