Davidson v Australian Society of Progressive Carpenters and Joiners, Melbourne Branch [1917] HCA 20

OF AUSTRALIA. 143

(HIGH COURT OF AUSTRALIA.}

3 . a % _ " . APPELLANT ; DEFENDANT,

AND

| CARPENTERS AND JOINERS, MEL-} Responvent. URNE BRANCH as ie

Arbitration—Organization—Rules—Recovery of contributions due by H.C. ov A. Rights of branches of organization—Commonwealth Conciliation and 1917. jion Act 1904-1915 (No. 13 of 1904—No. 35 of 1915), secs. 4, 68. — 4 Metnourne, 'The only mode of recovering contributions payable to an organization May 17. tered under the Commonwealth Conciliation and Arbitration Act 1904-1915 | ———

'a member thereof is that provided by sec. 68 of the Act, namely, by pro- "Yurncs and Rich JJ,

144 HIGH COURT

1917. recover from William Davidson the sum of £1 8s. 6d. in respect o

Die which the defendant was alleged to be indebted to the complaina an ae for contributions to the Society. The Australian Society of

AUSTRALIAN f Soctery oF gressive Carpenters and Joiners was an organization registered und

Gee the Commonwealth Conciliation and Arbitration Act, and the Tee, plainant was a branch of that organization. The defendant y BTEOUaN member of the organization and of the Branch. Among the Rules of the Society were the following :— "91. Any carpenter or joiner . . . , desiring to join this Society, shall pay the sum of Is. 6d. as ec: fee and 1;

the use of medal, and sign the . following :-—'T

hereby agree of my own free will and accord to become a member of the Australian Society of Progressive Carpenters and Joiners and agree to conform to the laws and rules of the said Society, an¢ also agree to pay Is. 6d. entrance fee and Is. for the use of

medal.'""

"30. Each member shall pay as contribution the sum of si

to the Federal Council."

"55. A subscription of Is. 6d. per annum" (which was also called a "capitation fee") "shall be paid by branches for eac member . . . for the upkeep of the Federal Council."