Lawrence, J.L v Porter , B & ors [1988] FCA 403

JUDGMENT No. 4037 88__.

CATCHWORDS

Conciliation and Arbitration Act 1904 -

Industrial Law - direction for performance and observance of rules - whether i

resolution of Federal Council of The Australian Journalists Association to alter its rule providing for the alteration aft the rules null and void - whether resolution of Faderal Council to affiliate with thea ACTU null and vo1d - whethar

rules of Association permit affiliation.

- whether compliance with rules of an organizatisn can ba waivad.

- plebiscite - effect of plebiscite on subsequent Faderal Councils resolution to affiliata - whether subsequent rasolution of Federal Council sverridas decision reached by plebiscite.

Conciliation and Arbitration Act 13904 3.1232(2A), 5.139(+), 3.140, 3.141.

TJOHN LOCKWOOD LAWRENCE and

BARRY PORTER and OTHERS

N. No. 29 of 1387

NORTHROP, KEELY AND WILCOX JJ.

5 MAY 1988 SYDNET

Fo ti a anne Nh 8

' *. " 2. % t </ #\ ie 4 aus 928 oo 4 \ / :

IN THE FEDERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) N. No. 29 of 1987 ) )

INDUSTRIAL DIVISION

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN

JOHN LOCKWOOD LAWRENCE Appellant

and

BARRY PORTER and OTHERS Respondants

COURT: NORTHROP, KEELY AND WILCOX Jv. DATE : 5 MAY 1988 PLACE: SYDNEY

MINUTES OF ORDER é

THE COURT ORDERS THAT: -

aA. The appeal be allowed and the orders appealed from be

set aside.

B. In lieu thereof the following orders be made:- 1. The respondents and each of them, except the respondent The Australian Journalists

Association (the Association), perform and observe the rules of the Association by

treating the resolution made by the Federal

Council of the Association on 6 November

13986

purporting to alter Rule 57-of the rules of

the Association as mull and void

effect.

the Association, perform and observ

of the Association by treating the

made by the Fadceral Council of the