Australian Electoral Commission v Hickson [1997] FCA 1182

FEDERAL COURT OF AUSTRALIA INDUSTRIAL LAW - election inquiry - nomination lodged was defective under the rules - notice given of defect - defect remedied within time specified - nomination rejection based on unfinanciality at close of nominations - proper construction and application of rules - unfinanciality should be determined at the expiration of time specified in notice.

Workplace Relations Act 1996 ss 196, 197, 218, 219 Conciliation and Arbitration Regulations reg146AE(2) Acts Interpretation Act 1901 (Cth) s15AB Re Election for Office in Australian Building Construction Employees and Builders Labourers Federation (1978) 30 FLR 252, considered Re Application by Shahid Naqvi (J B Sweeney J, 26 March 1981, unreported), considered Re Australasian Meat Industry Employees Union (Keely J, 19 July 1988, unreported), not followed Re Hall (1994) 58 IR 19, not followed Mills v Dunham (1891) 1 Ch 576, cited Amalgamated Society of Engineers v Smith (1913) 16 CLR 537, cited R v Holmes; ex parte Public Service Association of New South Wales (1977) 140 CLR 63, applied Re An Election in the Australian Colleries' Staff Association (NSW Branch) (1990) 26 FCR 499, applied Re Election for Office in Transport Workers Union of Australia, Western Australian Branch (1992) 40 IR 245, applied Re Carter; Re Federated Clerks Union of Australia, Victorian Branch (No. 1) (1989) 32 IR 1, applied Re Kiely; ex parte Transport Workers Union (1992) 42 IR 1, applied Lovell v Federated Liquor and Allied Industries Employees' Union of Australia (1978) 22 ALR 704, applied AUSTRALIAN ELECTORAL COMMISSION v DAVID HICKSON and AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION and PAUL BASTIAN No NG 701 of 1997 NORTHROP ACJ, BRANSON and MARSHALL JJ MELBOURNE 5 NOVEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA