Federal Court of Australia
JUDGI.
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CATCHWORDS
INDUSTRIAL LAW - rules - performance and observance - member seeking information re secretary's personal expenses - union executive resolution - summons to member to attend executive and explain and answer questions on enquiry - resolution to hear charge against member for failing to attend executive - no express power - whether within management power - whether implied power -
resolutions ultra vires.
Conciliation and Arbitration Act 1904 s.140(1)(c), 141
Pole v The Musicians Union of Australia (1953) 78 CAR 65
Porter v Dugmore (1984) 7 IR 220 Gordon v Carroll (1975) 27 FLR 129
ROY ARTHUR EDWARD CARTER V ARTHUR ROCK, THOMAS EVERS, CHARLES MARKS, JOHN KING, MICHAEL SEBOA, DAVID WEST, TERRENCE BROAD,
ARTHUR SHAWYER, RODNEY ULPH, JOHN MOSS, BARRY HUGHES, HAMES BENNETT, ROGER GRAY, GARETH LEWIS, EDWARD LUK AND J. WHEATLEY NO. WA 3 OF 1985
FRENCH J. 25 AUGUST 1987 PERTH
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY INDUSTRIAL DIVISION
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NO. WA 3 of 1985 BETWEEN: ROY ARTHUR EDWARD CARTER
Applicant and ARTHUR ROCK, THOMAS EVERS, CHARLES MARKS, JOHN' KING, MICHAEL SEBOA, DAVID WEST, TERRENCE BROAD, ARTHUR SHAWYER, RODNEY ULPH, JOHN MOSS, BARRY HUGHES, JAMES BENNETT, ROGER GRAY, GARETH LEWIS, EDWARD LUK and J. WHEATLEY
Respondents
MINUTE OF ORDER
JUDGE MAKING ORDER: FRENCH J.
DATE ORDER MADF: 25 AUGUST 1987
WHERE MADE: Perth
THE COURT ORDERS THAT:
l. The respondents do perform and observe the rules of the Australian Tramways and Motor Omnibus' Employees' Association by treating as ultra vires and void the resolutions passed by the respondents of and concerning the applicant on 14 August 1985, 18 September 1985 and
13 November 1985.
2.
The respondents and each of them be restrained from proceeding to hear and determine any charge against the applicant to the effect that he failed to comply with resolutions of the respondents made on 14 August 1985
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