Ure v Hooper [1988] FCA 321

; JUDGMENT No. 22) 7:95 |

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CATCEWORDS

Industrial law ~ reshecgres organization - cules - performance and ohservance r construction - notice of special

meeting -— whether busines# of meeting must be set out - length of notice -— meaning of "at least three (3) clear days" - against whom ordec should be made ~ whether rules impose

particular obligations on respondents - effect of meeting

invalidly called - form of order.

Practice and procedure - need for oral evidence - use of affidavits in undefended case - hearsay material in affidavits.

r Conciliation and Arbitration Act 1904 s 141 é Pederal Court 'of Australia Act 1976 s 47 Federal Court Rules 0.33 r.It

WARREN URE Vv. DAVID J. BOOPER, WILLIAM P. (BILL) JONES, ALEXANDER R. PEATE, OANNIE ROBERT DAVIDSON, JOHN DAVID

CHAPLIN and CHERYL QO' REEFS WILLIAM GORDON TWYMAN v. DAVID J. HOOPER

KEITH WAYNE JOHNSTONE v. DAVID J. HOOPER, DAVID BLOOM, IAN

MORGAN, EDWARD R. STONEHAM, SIMON COLLINS and JOHN P. JONES

y eae

NSW No. I 8 of 1988 NSW No. I 9 of 1988 No. V 7 of 1988

GRAY J. MELBOURNE 24TH JUNE 1988

IN THE PEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) V No. 7 of 1988 ) )

INDUSTRIAL DIVISION

BETWEEN:

KEITH WAYNE JOHNSTONE Applicant -and- DAVID J. HOOPER, DAVID SLOOM,

TAN MORGAN, EDWARD R. STONE : SIMON SIMON COLLINS, JOHN P. JONES JOHN P. JONES Respondents

MINUTES OF ORDER

THE COURT ORDERS THAT:

1. The first respondent, David J. Hooper, perform and

observe the rules of the Musicians' Union of Australia

by:

(a) refraining from treating as a valid notice convening a special meeting of members of the Melbourne Branch of the Musicians' Union of Australia an advertisement published in The Age newspaper on Friday 15th April 1988;

(b) refraining from treating any meeting held on Sunday 17th April 1988 in response to such advertisement as a valid meeting of members of the Melbourne