Thompson, in the matter of an application for an inquiry relating to an election for an office in the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union Victorian Branch [2000] FCA 745

FEDERAL COURT OF AUSTRALIA

Thompson, in the matter of an inquiry relating to an election for an office in the Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union Victorian Branch [2000] FCA 745

INDUSTRIAL LAW – inquiry into election – discrepancy in count of votes – late posting of ballot material – whether the result of the election may have been affected, or may be affected, by irregularity EVIDENCE – inquiry into election – inquisitorial proceeding – onus of proof – applicability of civil standard of proof WORDS AND PHRASES – "forward by pre-paid post"

Workplace Relations Act 1996 (Cth), s 223

Bailey, Re; Re Transport Workers' Union of Australia (Victorian Branch) (1997) 79 IR 1, not followed in part Browne v Black [1912] 1 KB 316, cited Chanter v Blackwood (No. 2) (1904) 1 CLR 121, distinguished Jayasena v R [1970] AC 618, cited Kean v Kerby (1920) 27 CLR 499, referred to Lewes Nominees v Strang (1983) 49 ALR 328, cited Magee, Re; Re Inquiry into Elections for Offices within Transport Workers' Union and the Victorian Branch thereof (1991-92) 41 IR 27, referred to Retail Dairy Company Ltd v Clarke [1912] 2 KB 388, cited

IN THE MATTER OF AN INQUIRY RELATING TO AN ELECTION FOR AN OFFICE IN THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION VICTORIAN BRANCH N532 of 2000

JUDGE: FINKELSTEIN J

DATE: 9 JUNE 2000

PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY N532 of 2000

IN THE MATTER OF AN INQUIRY RELATING TO AN ELECTION FOR AN OFFICE IN THE AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION VICTORIAN BRANCH JUDGE: FINKELSTEIN J

DATE OF ORDER: 9 JUNE 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: The inquiry into the election for the office of Victorian State Secretary of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union is terminated. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.