Federal Court of Australia
JUDGMENT No. AB 27 mmmnner
CATCHWORDS
Industrial law - appeal - registered organizations ~ prohibition on use of funds and resources of registered organization to produce material advantaging particular candidates during elections - relevance of evidence of subjective intention of officers in whom power to authorize expenditure is vested - power of Federal Court under s.141 of Conciliation and Arbitration Act 1904 to order repayment of moneys expended without lawful authority - whether limited to
securing performance of existing obligations under the rules, or extending to remedying past breaches - s.141(1G) Conciliation and Arbitration Act 1904.
Conciliation and Arbitration Act 1904 s.141(1G)
H.d. DARROCH and OTHERS v. LINDSAY JAMES TANNER V. No. 57 of 1986
NORTHROP, KEELY AND RYAN JJ. 3 SEPTEMBER 1987 MELBOURNE
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IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) V. No. 57 of 1986 ) INDUSTRIAL DIVISION )
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN
H.Jd. DARROCH, J.P. MAYNES, K.Y¥. HARVEY, M.J. O'SULLIVAN
and H, ARMSTRONG Appellants (Respondents)
and LINDSAY JAMES TANNER Respondent (Applicant)
COURT: NORTHROP, KEELY AND RYAN Ju. DATE : 3 SEPTEMBER 1987 PLACE: MELBOURNE
MINUTES OF ORDER
THE COURT ORDERS THAT:-— 1. The appeal be allowed in part.
2. Orders 1(b) and 2 of the judgment made on 19 December 1986 be set aside.
3. Otherwise, the orders be affirmed.
(Settlement and entry of Orders is dealt with in 0.36 of the Rules of Court.)
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IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. 57 of 1986
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INDUSTRIAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
H.J. DARROCH, J.P. _MAYNES, K.¥. HARVEY, M.J. 0' SULLIVAN
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