Federal Court of Australia
industrial relations COURT OF AUSTRALIA INDUSTRIAL LAW – whether primary judge afforded procedural fairness in determining matter based on a finding neither sought nor argued by either party – no obligation for primary judge to seek further contentions or do more than afford party a reasonable opportunity to present case – Union rules – whether adequate compliance – need for sufficient information to union members regarding purpose of special general meeting resolutions void and of no effect Workplace Relations Act 1996 (Cth) s 209
Campbell v Higgins (1957) 3 FLR 317, referred to. Higgins v Nicol and Ors (1971) 18 FLR 343, referred to. Campbell v Crawford (1985) 12 FCR 317, followed. Durham v Ide (1991) 37 IR 94, followed. Cook v Crawford (1981) 52 FLR 1, referred to. Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300, applied. Re Coldham; Ex parte Municipal Officers Association of Australia (1989) 84 ALR 208, applied. Re Media, Entertainment and Arts Alliance, Ex parte Hoyts Corporation Pty Ltd (1994) 119 ALR 206, applied.
TRANSPORT WORKERS UNION OF AUSTRALIA & ORS v BARRY HANSCH TI 12 of 1998 MARSHALL, NORTH & MADGWICK JJ MELBOURNE 7 SEPTEMBER 1998
IN THE industrial relations COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TI 12 of 1998
BETWEEN: TRANSPORT WORKERS UNION of australia
FIRST APPELLANT
KENNETH JOHN BACON
SECOND APPELLANT
SILAS FRANK MANLEY
THIRD APPELLANT
RAYMOND GEORGE AUSTIN
FOURTH APPELLANT
JOHN MALLETT
FIFTH APPELLANT
SAMUEL McCRAE BARKER
SIXTH APPELLANT
RON HODGETTS
SEVENTH APPELLANT
AND: BARRY HANSCH
RESPONDENT
JUDGES: MARSHALL, NORTH & MADGWICK JJ
where made: HOBART
date: 7 AUGUST 1998
THE COURT ORDERS THAT: 1. The appeal be dismissed.
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