Federal Court of Australia
CATCHWORDS FEDERAL COURT O5 . AUSTRALIA a \ BAINGIPAL . PLGISTAY Y < aN, Industrial law - registered organizations - election - "Whet er
suggestion of loss or disadvantage on account of support or
opposition to a candidate - meaning of "on account of" - whether mens rea an element of offence. Practice and procedure - criminal offences - whether case to
answer.
Conciliation and Arbitration Act 1904 s. 171(2)
Crimes Act 1914 4. 21A.
He Kaw Teh v. R. (1985) 157 C.L.R. 523
Riley v. Brown (1957) 1 F.L.R. 40.
M. OLDFIELD, J. PARTRIDGE AND M. GREEN v. JOSEPH W. CAHILL
N.S.W. Nos. 11, 12, 14, 17, 20 and 21 of 1986 GRAY J.
SYDNEY
19TH FEBRUARY 1987
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY Nos. 11, 12, 14, 17 20 and
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21 of 1986 INDUSTRIAL DIVISION BETWEEN: MICHAEL OLDFIELD, JAMES PARTRIDGE and MICHAEL GREEN Prosecutors AND JOSEPH W. CAHILL Defendant
JUDGE: GRAY J.
DATE: 19TH FEBRUARY 1987
WHERE MADE: SYDNEY
MINUTE OF ORDER
THE COURT ORDERS THAT the further hearing of the matters is adjourned until 10.15am on Monday 23rd February 1987 at Sydney.
Note: Settlement and entry of orders is dealt with by Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY Nos. 11, 12, 14, 17 20 and
21 of 1986 INDUSTRIAL DIVISION BETWEEN: MICHAEL OLDFIELD, JAMES PARTRIDGE and MICHAEL GREEN Prosecutors AND JOSEPH W. CAHTLL Defendant
JUDGE: GRAY J.
DATE: 19TH FEBRUARY 1987
REASONS FOR JUDGMENT
The defendant is before the Court upon six informations and summonses, charging him with six offences under S.
171(2)(a)(iii) of the Conciliation and Arbitration Act 1904 ("the
Act"). He has pleaded not guilty to each charge.
There are three prosecutors. Each prosecutor has charged the defendant that between 26th May 1986 and 31st July 1986 at Sydney in the State of New South Wales, he did suggest loss or disadvantage to the prosecutor on account of his support for a candidate in connection with an election for an office. In
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