Nicholson v Mighell & Marshall v Nicholson [1995] IRCA 526

CATCHWORDS INDUSTRIAL LAW - Registered organisations - Union rules - Performance and observance - Election - Election inquiries - Irregularities - Doctrine of incompatibility of offices REGISTERED ORGANISATIONS - Election - Nominations for election - Invalidity - Whether a validating order would do substantial injustice PRACTICE AND PROCEDURE - Registered organisations - Union rules - Performance and observance Industrial Relations Act 1988 ss 4, 209, 218, 222, 258

Fraser v Kingham (1994) 57 IR 190, 194 - 196 Ex parte Morris; Re CFMEU (1994) 57 IR 204, 212 Morris v Kingham (1994) 57 IR 216. Egan v Maher (No 2) (1978) 35 FLR 252 Sherrif v Townsend (1979) 48 FLR 20, 54 Mellor v Horn & Ors (1988) 25 IR 157, 159-160, 161 Johnson v Beitseen & Ors (1988) 41 IR 395, at 412-413 Price v Hodgson and Ors (1992) 41 IR 178 Allen and Ford v Laragy and Others (1975) 7 ALR 261 at 266, 267 Re Transport Workers Union of Australia ("TWU") (1992) 37 FCR 16 Nos. VI 4764, 4765 & 4610 of 1995 DEREK GRAHAM NICHOLSON v D.J. MIGHELL AND OTHERS No. VI 4719 of 1995 GAVIN MARK MARSHALL v D.G. NICHOLSON AND OTHERS Marshall J Melbourne 18 September 1995

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VI 4610 of 1995 BETWEEN: DEREK GRAHAM NICHOLSON Applicant AND: D.J. MIGHELL AND OTHERS Respondents JUDGE: Marshall J PLACE: Melbourne DATE: 18 September 1995 ORDER THE COURT ORDERS THAT: 1. The rule to show cause dated 1 September 1995 is discharged. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules

IN THE INDUSTRIAL RELATIONS ) ) COURT OF AUSTRALIA ) ) VICTORIA DISTRICT REGISTRY ) No. VI 4719 of 1995 BETWEEN GAVIN MARK MARSHALL Applicant AND D.G. NICHOLSON AND OTHERS Respondents JUDGE: Marshall J PLACE: Melbourne DATE: 18 September 1995 ORDER THE COURT ORDERS THAT: 1. An invalidity has occurred in the election of Dean Jonathan Mighell to the offices of Branch Secretary/National Councillor and Branch Organiser on 29 and 30 August 1995 respectively. 2. An invalidity has occurred in the election of Gavin Mark Marshall to the offices of Branch Assistant Secretary and Branch Organiser on 29 and 30 August 1995 respectively. 3. The Court declares that any order which would have the effect of rectifying such invalidities would do substantial injustice to the membership of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia attached to the Victorian Branch of the Electrical Division. NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules