Federal Court of Australia
JUDGMENT No. 323 1.28
RES ISTAY No. Q1 of 1988
INDUSTRIAL DIVISION
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SHI LOR Applicant
Res pondent 3 7
JUDGE: Gray J.
. CORRECTIONS
The judgment of Justice Gray, delivered on 24th June 1988 is
amended as follows:
1. By deleting from the last line on page 3 the words "declared elected", and substituting therefor the words "candidates in those elections".
2. By deleting from the last three lines on page 10 the words "the declaration of those persons as elected in 1986, which declaration was later held to be void", and substituting therefor "the closing of the ballots in 1986, which ballots were later declared void."
soc Justice Gra
14 July 1988.
JUDGMENT No, 222. 23e-
CATCHWORDS
Industrial law - rcegistered organization —- rules - performance and observance - casual vacancies on branch committee - whether implied cesignation from one office hy election to another - incompatibility of offices - whether filling of vacancy can be delayed until less than twelve months of term remains - whether order should be refused on discretionary grounds ~ proximity of next regular elections -
expense and difficulty of preparing roll of voters - form of
order.
Conciliation and Arbitration Act 1904 s 133AB, s 140(1)(a), s 141, s 165(3)(d), s 170.
SHIRLEY MELLOR v. NOEL HORN, DOUG ANDERSON, BRIAN ELTON,
COLIN HARDIE, JIM MOORE RUSSELL DUMMETT, STEVE KING SANDY
BALDWIN, KATHY NEWCOMBE, TONY SHELDON
No. Q 1 of 1988
GRAY J. MELBOURNE 24TH JUNE 1988
IN THE PEDERAL COURT
QUEENSLAND DISTRICT REGISTRY
INDUSTRIAL DIVISION
No. Ql of 1988
BETWEEN:
SHIRLEY MELLOR Applicant -and— NOEL HORN, DOUG ANDERSON, BRIAN
ELTON, COLIN HARDIE, JIM MOORE,
RUSSELL DUMMET?T, STEVE KING,
SANDY BALDWIN, KATHY NEWCOMBE '
TONY SHELDON Respondents
MINUTES OF ORDER
THE COURT ORDERS THAT the respondents perform and observe the
rules of the Federated Liquor and Allied Industries Employees Union of Australia by taking all reasonable steps to cause to be conducted elections to fill all vacancies currently existing in the offices of trustee and members of the
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