Anthony Ross Benson and Construction Forestry Mining and Energy Union and Others [1995] IRCA 102

Anthony Ross Benson and Construction Forestry Mining and Energy Union and Others [1995] IRCA 102

The matter of whether the applicant was validly removed from union office depends first on whether the rules and amendments permitted it and complied with the Industrial Relations Act 1988; only if validly exercised do issues of improper purpose arise. The directions for the filing and serving of affidavits are to be complied with and both matters are adjourned to the next sittings.

Jurisdiction
Australia
Judgment Date
23 February 1995
Procedural Posture
Industrial Relations Application / Directions Hearing; Adjournment of Directions Hearing
Outcome
Adjournment granted; directions made for further steps.
Legal Topics
['removal of Elected Officer' 'union Rules' 'rule Nisi' 'improper Purpose' 'compliance With Court Directions']
['industrial Law'] ['removal of Elected Officer' 'union Rules' 'rule Nisi' 'improper Purpose' 'compliance With Court Directions']

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Procedural Posture

Industrial Relations Application / Directions Hearing; Adjournment of Directions Hearing

Legal Issues

  1. 1 ['Whether the purported resolutions removing the applicant from elected office were within the powers conferred by the rules of the organisation and the Industrial Relations Act 1988' 'Whether amendments to the union rules giving such power were validly made and compliant with the Act' 'Whether lack of bona fides or improper purpose in exercising removal powers is material if powers were invalidly exercised']

Ratio Decidendi

The matter of whether the applicant was validly removed from union office depends first on whether the rules and amendments permitted it and complied with the Industrial Relations Act 1988; only if validly exercised do issues of improper purpose arise. The directions for the filing and serving of affidavits are to be complied with and both matters are adjourned to the next sittings.

Court Disposition

Adjournment granted; directions made for further steps.

Orders

  • ['Directions hearing in matter No TI 120 of 1994 adjourned to next sittings.' 'In matter No TI 200 of 1994, respondents to file and serve answering affidavits by 21 March 1995.' 'Directions hearing in matter No TI 200 of 1994 adjourned to same date as for No TI 120 of 1994.']