Dargavel v Cameron [2002] FCA 1234 (includes summary)

FEDERAL COURT OF AUSTRALIA

Dargavel v Cameron [2002] FCA 1234 INDUSTRIAL LAW – rule to show cause – whether national council of union had power to appoint an administrator of state branch where state secretary of union suspended – whether appointment of administrator ceased upon resignation of suspended state secretary – whether national council had power to direct state council not to appoint a state secretary or acting state secretary during the period of appointment of administrator – whether applicant validly appointed as state secretary – whether state council had power to appoint a state secretary during period of appointment of administrator – whether prior notice of resolution to be proposed at meeting required – whether resolution to appoint state secretary made for improper purpose – whether applicant fulfilled eligibility criteria for appointment as state secretary – whether administrator's appointment could co‑exist with applicant's appointment as state secretary – whether court can consider eligibility of applicant for appointment where no election inquiry. Workplace Relations Act 1996 (Cth): s 209 Johnston v Cameron [2002] FCA 948, applied Johnston v Cameron [2002] FCA 634, referred to Campbell v Higgins (1957) 3 FLR 317, referred to McLure v Mitchell (1974) 24 FLR 115, referred to Campbell v Crawford (1986) 12 FCR 317, referred to Johnson v Beitseen (1991) 41 IR 395, referred to Cummings v Macks (2000) 96 FCR 345, considered Joyce v Christoffersen (1990) 26 FCR 261, considered Allen v Townsend (1977) 31 FLR 431, referred to Scott v Jess (1984) 3 FCR 263, referred to In the Matter of an Election for an Office in the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (von Doussa J, 12 October 1998, unreported), applied Fohmsbee v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (1999) 88 IR 237, distinguished Arthur Yates & Co Pty Ltd v Vegetable Seeds Committee (1945) 72 CLR 37, considered Landeryou v Taylor (1969) 15 FLR 147, considered Ransley v Australian Public Service Association (Fourth Division Officers) Tasmanian Branch (1985) 12 IR 55, referred to Magner, Joske's Law and Procedure at Meetings in Australia 8th ed. 1994 Ch 3