Murphy, Colin Francs v Aust Postal & Telecommunications Union [1977] FCA 90

Murphy, Colin Francs v Aust Postal & Telecommunications Union [1977] FCA 90

The resignation letter accompanied by a cheque for three months' contributions must be read together and interpreted as notice of resignation effective after three months as provided by rule 19(d). The claimant was therefore not a member of the union at the time of instituting proceedings, and not entitled to bring the application.

Parties
Claimant: Colin Francis Murphy; Respondent: Australian Postal and Telecommunications Union
Jurisdiction
Australia
Judgment Date
26 October 1977
Procedural Posture
Application / Order
Outcome
Application dismissed; Rule Nisi discharged.
Legal Topics
Union Membership, Resignation Procedures, Interpretation of Union Rules
Industrial Law Union Membership Resignation Procedures Interpretation of Union Rules

Case Brief

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Parties

Colin Francis Murphy

Claimant

Australian Postal and Telecommunications Union

Respondent

Procedural Posture

Application / Order

Legal Issues

  1. 1 Whether the claimant was a member of the union at the time of instituting proceedings
  2. 2 Interpretation of resignation letter and accompanying cheque under rule 19(d)
  3. 3 Entitlement to bring proceedings under sections 140 and 141 of the Conciliation and Arbitration Act

Ratio Decidendi

The resignation letter accompanied by a cheque for three months' contributions must be read together and interpreted as notice of resignation effective after three months as provided by rule 19(d). The claimant was therefore not a member of the union at the time of instituting proceedings, and not entitled to bring the application.

Court Disposition

Application dismissed; Rule Nisi discharged.

Orders

  • The Rule Nisi herein be discharged.