Federal Court of Australia
I
#
Attention: Judgments Clerk
With the Complements of Ms Justice RE Coser
Herewith copy judgment and disk containing judgment in the matter of Mam v. Delaney QG32 of 1994, This judgment was delivered
today 21.10.94 by Cooper J.
in Brisbane. .
1 dL
JUDGES' CHAMBERS FEDERAL COURT OF AUSTRALIA 119 NORTH QUAY
BRISBANE 4000
AUSTRALIA
JUDGMENT No. swmmne ld cat bony CATCHWORDS
Elections - Zone election held under the Abonginal and Torres Strait Islander Commission Act 1989 - whether election failed within the meaning of the Zone Election Rules - whether conduct of electoral officer constituted an "uUlegal practice" within the
meaning of the Act - whether candidate duly elected as returned.
Statutory Interpretation - Words in the singular to include words in the plural - whether contrary intention apparent from the Act.
Practice and procedure - Joinder of parties - whether a necessary or desirable party for the resolution of the proceedings - power in the court to allow a party to intervene.
Aboriginal and Torres Strait Islander Commission Act 1989 (Cth) Sections 131, 132, 133, 136, 137, 138, 139, 140; Schedule 3 clauses 1 - 3; Schedule 4 clauses 1, 2, 10 and 12.
Zone Election Rules Rule 14 Zone Election Rules (Amendment No, 2) Rule 35A
Acts Interpretation Act 1901 (Cth) Sections 13(2), 23(b) Federal Court Rules Order 6, rules 2(b), 3, 8; Order 70 rule 2(4)
Blue Metal Industries Lid. v, Dilley (1969) 117 CLR 651
No. 0G 32 of 1994 Cooper J., Brisbane, 21 October, 1994
TUDGE MAKING ORDER: Cooper J.
WHERE MADE: Brisbane
DATE OF ORDER: 21 October, 1994 MINUTES OF ORDER
THE COURT ORDERS THAT the application of Mr. S. Watson to be joined as a party to the proceedings be dismissed.
THE COURT DECLARES THAT Ian Delaney was not duly elected as the Tepresentative for the Queensland (Metropolitan) Zone.
THE COURT DIRECTS THAT:
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