Federal Court of Australia
JUDGMENT No, 23+ 4 <S—
Industrial law - registered organization - rules - performance or observance - applicant ceasing to hold offices on which entitlement to orders based - whether Court can make
order - absence of continuing obligation on respondents -
prospective nature of orders Court can make.
Conciliation and Arbitration Act 1904 s.141.
Y_ J. Tv. Vv. H.J. DARROCH, J.P. MAYNES K.Y.
HARVEY, M.J. 0O'SULLIVAN
No. V 224 of 1987
GRAY J. MELBOURNE 24TH MAY 1988
) ) QF AUSTRALIA ) No. V224 of 1987 ) VICTORIA DISTRICT REGISTRY ) ) : ViSLON ) LINDSAY JAMES TANNER Applicant -and- H.J.__DARROCH, J.P. MAYNES , K.Y. HARVEY, M.J. O'SULLIVAN Respondents JUDGE: Gray J. PLACE: Melbourne _-
DATE: 24th May 1988
EX 0. ONS FOR JUDG!
The rule to show cause in these proceedings was granted on 16th December 1987. In its final amended form,
the applicant seeks orders under s. 141 of the Conciliation
and Arbitration Act 1904 ("the Act") of three kinds. The first kind of order sought is that the respondents supply
information for the applicant. The second is that the
respondents give to the applicant access to certain documents. The third kind of order sought is that the
respondents refrain or desist from giving the applicant
certain directions.
At the time when the rule to show cause was
obtained, the applicant held the elected position of
assistant secretary of the Victorian branch of the Federated
Clerks Union of Australia. By virtue of holding that position! the applicant was also a member of the state
executive, the state council, and the state conference of that branch. The respondents hold and held various other offices within that branch. Together with the applicant they made up the state executive. The respondents were also members af the state council and the state conference.
The matter proceeded to the stage of trial, and the trial was completed on 29th March 1988. On that date, the Court reserved its judgment on the matter. Whilst | the judgment was in the course of preparation, the respondents filed a notice of motion on 9th May 1988 seeking leave to
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate