Rennie, Gordon Andrew & Ors v Curley, Sean & Ors [1997] FCA 765

Rennie, Gordon Andrew & Ors v Curley, Sean & Ors [1997] FCA 765

Rule 13 of the branch rules intends to permit the use of proxies at Branch Council meetings. The absence of machinery provisions does not negate this intention, and the Branch Council may determine procedures for proxies. The exclusion of a proxy from the meeting was contrary to the rules and affected the validity of subsequent resolutions.

Jurisdiction
Australia
Judgment Date
12 August 1997
Procedural Posture
Industrial Law Application Under Workplace Relations Act 1996 S 209 / Judgment Following Hearing of Application – Final Orders
Outcome
Application allowed in part. Orders made as to recognising certain resolutions, treating contested appointments as null and void, and directing conduct with respect to voting and declaration of votes.
Legal Topics
['interpretation of Registered Organisation Rules' 'proxy Voting Rights' 'procedural Fairness in Organisational Meetings']
['industrial Law' 'administrative Law'] ['interpretation of Registered Organisation Rules' 'proxy Voting Rights' 'procedural Fairness in Organisational Meetings']

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Procedural Posture

Industrial Law Application Under Workplace Relations Act 1996 S 209 / Judgment Following Hearing of Application – Final Orders

Legal Issues

  1. 1 ['Whether CPSU/SPSF Queensland branch rules allow appointment of proxies to meetings of branch council' 'Whether absence of express machinery for proxies invalidates their use' 'Effect of failure to recognise a proxy on subsequent business conducted at branch council']

Ratio Decidendi

Rule 13 of the branch rules intends to permit the use of proxies at Branch Council meetings. The absence of machinery provisions does not negate this intention, and the Branch Council may determine procedures for proxies. The exclusion of a proxy from the meeting was contrary to the rules and affected the validity of subsequent resolutions.

Court Disposition

Application allowed in part. Orders made as to recognising certain resolutions, treating contested appointments as null and void, and directing conduct with respect to voting and declaration of votes.

Orders

  • ['The first respondents are directed to treat the purported appointment of Gary Ablett to the office of Branch Councillor on 20 May 1997 as null and void.' 'The first respondents are directed to treat the purported appointment of Bob Ellis to the office of delegate to Federal Council on 20 May 1997 as null and...