Federal Court of Australia
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a
"JUDGMENT No. TALS
CATCHWORDS
Industrial law - registered organization - rules - validity - whether required provisions made - autonomy of branches - division of moneys into branch fund and federal fund - whether statutory provisions applicable - whether autonomy financial - whether division of funds requires exclusive control - whether ability of national executive to call up funds from branches imposes on members oppressive,
unreasonable or unjust conditions.
Industrial law - registered organization - rules - performance and observance - calculation of sustentation fees from branch - whether correct when contributions discounted - whether branch properly declared unfinancial - validity of resolutions - whether prohibition of publication of branch journal valid - whether branch properly required to pay costs
of litigation in which branch officers successful.
Industrial law - registered organization - branch -
registration under law of state - effect.
Commonwealth of Australia Constitution Act 1901 s.109
Conciliation and Arbitration Act 1904 ss. 133A(1)(b), (2)(a)(c), (4), 136A, 140(1)(a)(c)(d), 141, 197A
Conciliation and Arbitration (Organizations) Act 1974 s.9(1)(2)
Industrial Arbitration Act 1916 (Qld.) ss.26(1)(6), 37(1)(2)
Industrial Conciliation and Arbitration Act 1932 (Qld.) $.3(1.)(b)
Industrial Conciliation and Arbitration Act 1961 (Q1d.) 8.4(7)
Trade Union Act 1915 (Qld.) s.4
BERNADETTE CALLAGHAN AND ORS. v. FEDERATED CLERKS UNION OF AUS' JA, JOHN PETER MAYNES AND ORS.
Nos. Q13 of 1985 and Q7 of 1986 Gray J.
MELBOURNE
24TH DECEMBER 1987
IN THE FEDERAL COURT OF AUSTRALIA
) ) QUEENSLAND DISTRICT REGISTRY ) No. Q7 of 1986 ) )
INDUSTRIAL DIVISION
BETWEEN:
BERNADETTE CALLAGHAN AND ORS. Applicants -and- FEDERATED CLERKS UNION OF AUSTRALIA First Respondent -and- JOHN PETER MAYNES AND ORS. Second Respondents
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