Lewis, B.L. & ors v Maynes, J.P. & ors [1988] FCA 379

"LIMITED DISTRIBUTION'

JUNCMENT No. 3797 88

IN THE FEDERAL COURT OF AUSTRALIA) )

) ) )

VICTORIA DISTRICT REGISTRY V No. 21 of 1988

INDUSTRIAL DIVISION

BETWEEN:

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

Applicants

and

J.P. MAYNES, J.D. SMITH, T.W. SULLIVAN R.J. WASSON, M. BURKE, V. HIGGINS, J.D. SMITH, R.D. CLARKE, M. STRANGWOOD, J.D. SWORDS, H.J. DARROCH, D.J. FRY AND L.T. HAUSS

Responden

COURT: NORTHROP J. =,

DATE: 4 JULY 1988 j | .

PLACE: MELBOURNE \:

EX TEMPORE REASONS FOR JUDGMENT

This is the first directions hearing of a

proceeding commenced by rule to show cause seeking an order

under s.141 of the Conciliation and Arbitration Act 1904

("the Act") that the respondents and each of them perform and observe the rules of the Federated Clerks Union of Australia by treating as null and void the resolutions of the National Executive Committee and of the National Executive, made on 23

June and 27 June 1988, in relation to the termination of

Branch staff and termination payments therefore, and by taking no step in pursuance of the said resolutions or their implementation or enforcement. The rule to show cause was granted on 28 June 1988 and the applicants currently comprise the State Executive of the Victorian Branch of the Union. The respondents are members of the National Executive of the Union and counsel has appeared on behalf of all the

respondents, except R.D. Clark and J.D. Swords.

At this directions hearing the applicants are seeking, by way of interlocutory relief, an order restraining the respondents, or any of them, until further order, from giving effect to the resolutions referred to in the order sought in the rule to show cause, or by taking any step in pursuance of the said resolutions or their implementation or