Lewis, B.L. & Ors Maynes, J.P. [1988] FCA 366

JUDGMENT No. 240 7.83

IN THE FEDERAL COURT OF AUSTRALIA)

VICTORIA DISTRICT REGISTRY V No. 27 of 1988

) ) INDUSTRIAL DIVISION )

BETWEEN:

BARBARA LEE LEWIS, SYLVIA PEARL BROOKS, MICHAEL DAVID GIDDINGS, RUSSELL WILLIAM COLE, LINDSAY JAMES TANNER AND EMMANUEL LAMBROU

Applicants and J.P. MAYNES Respondent

COURT: NORTHROP J. DATE: 30 JUNE 1988

PLACE: MELBOURNE

EX-TEMPORE REASONS FOR JUDGMENT

ae By a rule to show cause issued yesterday, 29 June

1988, the applicants, Barbara Lee Lewis, Sylvia Pearl Brooks, Michael David Giddings, Russell William Cole, Lindsay James Tanner and Emmanuel Lambrou are seeking orders against the respondent, J.P. Maynes. The orders sought include both

a final order and an interim order in the same form, the

relevant order being as follows:

"An order that the respondent perform and observe the rules of the Federated Clerks Union of Australia by authorising the applicants as President, Deputy Vice-President, Senior Vice-President, Junior

Vice-President, State Secretary or First Assistant State Secretary respectively of the Victorian Branch of the Organisation to sign orders for withdrawals of monies from the bank at which the accounts of the

Branch are maintained."

Pursuant to the rule to show cause, the rule and other

documentation were served on the respondent yesterday

afternoon.

When the matter was called on this morning for the first directions hearing, an objection to competentcy was raised by the respondent in substance saying that the claim for the order was misconceived and that there was no jurisdiction or power in this Court to make the order sought either in the final form or by way of interim order, and that if the Court found that there was jurisdiction or power to so make an interim order, counsel foreshadowed an application to have the further hearing adjourned to enable evidence to be presented on behalf of the respondent. It should be noted that any interim order made would have the effect of a final