Hansch, Barry v Transport Workers' Union of Australia & Ors [1998] FCA 1036

FEDERAL COURT OF AUSTRALIA

INDUSTRIAL LAW – rule to show cause – whether office of applicant still in existence once Branch disbanded. Municipal Officers' Association of Australia v Lancaster and Anor (1981) 54 FLR 129, referred to.

Imlach and Anor v Daley and Ors (1985) 7 FCR 457, referred to.

BARRY HANSCH v TRANSPORT WORKERS' UNION OF AUSTRALIA & ORS TG 15 of 1998

MARSHALL J HOBART 6 AUGUST 1998

IN THE FEDERAL COURT OF AUSTRALIA

TASMANIA DISTRICT REGISTRY TG 15 of 1998

BETWEEN: BARRY HANSCH

Applicant

AND: TRANSPORT WORKERS' UNION OF AUSTRALIA

First Respondent

STEPHEN PATRICK HUTCHINS

Second Respondent

WILLIAM GEORGE NOONAN

Third Respondent

ROBERT JOHN ALLAN

Fourth Respondent

RICHARD DONALD MARLES

Fifth Respondent

TREVOR PAUL SANTI

Sixth Respondent

HUGH JOHN WILLIAMS

Seventh Respondent

ALEXANDER McEACHIAN GALLACHER

EightH Respondent

JAMES McGIVERON

Ninth Respondent

KENNETH JOHN BACON

Tenth Respondent

JUDGE: MARSHALL j

DATE OF ORDER: 6 AUGUST 1998

WHERE MADE: HOBART

THE COURT ORDERS THAT: 1. The respondents, other than the first respondent, perform and observe the rules of the first respondent by causing the first respondent to pay to the applicant the sum of $71,952.24 and to pay to the Transport Workers' Union of Australia Superannuation Fund, on behalf of the applicant, the sum of $16,295.46.

2. The payments referred to in the above order be made by three roughly equal instalments, each instalment payable to the applicant's solicitor on or before 1 October 1998, 1 November 1998 and 1 December 1998.