Australian Electoral Commission v Hickson [1997] FCA 1182

Australian Electoral Commission v Hickson [1997] FCA 1182

A nomination for union office with a nominator who is unfinancial at the close of nominations is 'defective' under the union rules, but the defect may be remedied if the nominator pays outstanding dues within the 7-day remedy period; at the expiry of that period, the person is regarded as financial as at the closing date, and the nomination should be treated as valid. The requirement for 10 financial nominators pertains to the nomination's validity, not to the candidate's qualification for office.

Jurisdiction
Australia
Judgment Date
05 November 1997
Procedural Posture
Appeal / Judgment on Appeal From Federal Court Application Inquiry Under S 218 Workplace Relations Act 1996
Outcome
Appeal dismissed
Legal Topics
['union Elections' 'nominee Eligibility' 'nomination Defects' 'application of Union Rules' 'remedies for Nomination Defects' 'interpretation of Union Rules' 'procedural Fairness in Elections']
['industrial Law'] ['union Elections' 'nominee Eligibility' 'nomination Defects' 'application of Union Rules' 'remedies for Nomination Defects' 'interpretation of Union Rules' 'procedural Fairness in Elections']

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Procedural Posture

Appeal / Judgment on Appeal From Federal Court Application Inquiry Under S 218 Workplace Relations Act 1996

Legal Issues

  1. 1 ["Whether the defect in a union nomination caused by a nominator's unfinancial status at the close of nominations can be remedied within the 7-day period specified by the union rules" "Whether having 10 financial nominators at the close of nominations is a qualification to hold office or a matter affecting the nomination's validity" 'Proper interpretation of Sub-rules 10 and 11 and related union rules']

Ratio Decidendi

A nomination for union office with a nominator who is unfinancial at the close of nominations is 'defective' under the union rules, but the defect may be remedied if the nominator pays outstanding dues within the 7-day remedy period; at the expiry of that period, the person is regarded as financial as at the closing date, and the nomination should be treated as valid. The requirement for 10 financial nominators pertains to the nomination's validity, not to the candidate's qualification for office.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The decision of Wilcox J is affirmed.' "The orders declaring the rejection of Hickson's nomination and declaration of Bastian elected void are affirmed." 'Arrangements for a new election at which Hickson and Bastian are to be candidates are to proceed.']