Federal Court of Australia
Federal Court of Australia
Difelice v Dettmer [2021] FCA 631 File number: VID 268 of 2021
Judgment of: SNADEN J
Date of judgment: 10 June 2021
Catchwords: INDUSTRIAL LAW – applicant holds office as assistant state secretary of a well-known trade union – misconduct charges brought against applicant seeking his removal from office – charges proposed to be determined by the union's National Council – procedures set in train by resolutions made on 6 May 2021 – whether National Council resolutions are beyond the power conferred on that body by the union's rules – whether the National Council meeting at which procedures were decided was validly convened – whether National Council has power to determine whether a "State Official" should be removed from office PRACTICE AND PROCEDURE – application for interlocutory relief under s 164(4) of the Fair Work (Registered Organisations) Act 2009 (Cth) – appropriateness of directions for the observance of union rules – application for interlocutory relief granted
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