Sherriff, G.E. & Ors v Townsend, L.C. & Ors [1980] FCA 92

Sherriff, G.E. & Ors v Townsend, L.C. & Ors [1980] FCA 92

Because three months had passed since the Court's declaration and the Federation's rules had not been amended to conform with the Act, s.140(7) imposed a duty on the Industrial Registrar to determine the necessary alterations after consultation and to register them under s.140(8). The Court deferred making a further declaration that would render Rules 1 and 4 void because that would have disastrous consequences for the Federation, and instead adjourned the further hearing to allow the Industrial Registrar to exercise those statutory powers.

Jurisdiction
Australia
Judgment Date
25 June 1980
Procedural Posture
Industrial Division Proceeding Concerning Rules of an Organization Under the Conciliation and Arbitration Act 1904 / Ex Tempore Judgment on Adjourned Further Hearing After Earlier Declaration and Approval of a Scheme Under S.171 D
Outcome
Further hearing adjourned to 8 August 1980 at Melbourne at 10.15 a.m.; the Court deferred making a declaration that Rule 1 and Rule 4 contravene s.140(1).
Legal Topics
['rules of an Organization' 'federal Committee of Management' 'scheme for Reconstitution' 'industrial Registrar Powers' 'conciliation and Arbitration Act 1904']
['industrial Law'] ['rules of an Organization' 'federal Committee of Management' 'scheme for Reconstitution' 'industrial Registrar Powers' 'conciliation and Arbitration Act 1904']

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Procedural Posture

Industrial Division Proceeding Concerning Rules of an Organization Under the Conciliation and Arbitration Act 1904 / Ex Tempore Judgment on Adjourned Further Hearing After Earlier Declaration and Approval of a Scheme Under S.171 D

Legal Issues

  1. 1 ['Whether the Court should make a declaration under s.140(5D) that Rule 1 and Rule 4 of the Rules of the Federation contravene s.140(1) of the Act.' 'Whether the failure to comply with the scheme approved under s.171D and the failure to amend the rules required action by the Industrial Registrar under s.140(7) and s.140(8).' 'Whether interim powers conferred by paragraph 7 of the Scheme should continue while the rules remained unamended.']

Ratio Decidendi

Because three months had passed since the Court's declaration and the Federation's rules had not been amended to conform with the Act, s.140(7) imposed a duty on the Industrial Registrar to determine the necessary alterations after consultation and to register them under s.140(8). The Court deferred making a further declaration that would render Rules 1 and 4 void because that would have disastrous consequences for the Federation, and instead adjourned the further hearing to allow the Industrial Registrar to exercise those statutory powers.

Court Disposition

Further hearing adjourned to 8 August 1980 at Melbourne at 10.15 a.m.; the Court deferred making a declaration that Rule 1 and Rule 4 contravene s.140(1).

Orders

  • ['The further hearing of these matters is adjourned to 8 August 1980 at Melbourne at 10.15 a.m.' "All parties have liberty to apply on seven days' notice to the Court and the other parties to these proceedings."]