Australian Workers' Union v Bowen (No 2) [1948] HCA 35

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Ine 31 ALD ica (3987? ve ag i 35 283 46 1D 469 77 C.L.R. OF AUSTRALIA, 601

[HIGH COURT OF AUSTRALIA.]

AUSTRALIAN WORKERS' UNION ae APPELLANTS ;

OTHERS . Z 5 é : : AND BOWEN AND OTHERS . A . . _ReEsPpoONDENTS. [No. 2.] Voluntary Association—T'rade union—Members—Expulsion from union by executive H.C. or A. committee—Charges formulated and" prosecuted" by secretary—Secretary member 1948, of executive committee—Bias—Domestic tribunal—Bona fides—Natural justice =

—Appeal to supreme tribunal of union—Lffect—Jurisdiction of the Court— SYDNEY, Commonwealth Conciliation and Arbitration Act 1904-1946 (No. 13 of 1904— Aug. 3-6 ;

No. 14 of 1946), ss. 58D, 58n, 60.* Dec. 6. In cases involving consideration of the findings of a domestic tribunal of Latham C1. , Starke,

a voluntary association, the duty of a court is to determine whether the Dixon and

tribunal has observed the rules of the association and complied with the "lems *¥.

rules of natural justice; a court has no jurisdiction to review the findings of the tribunal only for the purposes of examining their correctness.

So held by the whole Court.

The secretary of a union was entitled by its rules to sit as a member of the union's executive council. Acting on behalf of the council, the secretary, who had been actively engaged in a controversy with certain members, presented to the council, as a " prosecutor," certain charges against those members as a result of which they were expelled from the union. As a member of the council, the secretary took an active part in the hearing of the charges.

Held by Rich, Starke and Dixon JJ. (Latham C.J. and Williams J. dissent- ing) that the secretary was shown to be the prosecutor and also to be a

* The Commonwealth Conciliation and Arbitration Act 1904-1946 has been amended by Act No. 10 of 1947. By this amendment ss. 58p, 588 and 60 have been re-numbered ss. 80, 81 and 83 respectively : see Act No. 10 of 1947, s. 27 and Third Schedule.