Edwards, J. v. Popham, C. & Ors [1987] FCA 357

GENERAL DISTRIBUTION NOT REQUIRED

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY No. V 24 of 1987

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INDUSTRIAL DIVISION

BETWEEN: JOHN EDWARDS AND:

CAROLE POPHAM & ORS.

3 JULY, 1987 KEELY J.

(DELIVERED EX TEMPORE - REVISED FROM TRANSCRIPT)

REASONS FOR JUDGMENT

In this matter, John Edwards is the Victorian branch councillor of the Commonwealth Scientific and Industrial Research Organisation, Technical Association (the Association) which is an organisation of employees registered

under the Conciliation and Arbitration Act 1904 (the Act).

He has sought a rule to show cause why an order should not be made that the respondents and each of them perform and observe the rules of the Association by recognising and

treating him as holding the office of Victorian branch

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councillor of the Association and thereby being entitled to attend or to appoint a proxy to attend and to fully participate in and to vote at the Council meeting of the Association on 4 and 5 July 1987 and to continue to hold that office until the declaration by the Returning Officer of the result of the election of a successor to that office of

Victorian branch councillor in 1987.

The applicant was represented by Mr. Howells of counsel. Five of the respondents were represented by Mr. Macken, solicitor. They, and the offices held by them, were: Carole Popham, General Secretary; Ross Rebgetz, President; Phillip Harrip, Vice-President; Donald Berrie, General Treasurer; and Eric Partick, Assistant General Secretary. There was no material before the court as to what office, if any, was held by Toni Hinton. As to the other respondents, from what has been said from the bar table this afternoon, it appears, and I act upon it for the present interlocutory hearing, that they are all members of the Federal Council of