Adlam v Bauer [1999] FCA 1504

Adlam v Bauer [1999] FCA 1504

Mr McMahon was invincibly biased regarding the charge against Mr Noack and should not have participated. His involvement vitiated the proceedings of the State Council, causing the proceedings to miscarry.

Jurisdiction
Australia
Judgment Date
03 November 1999
Procedural Posture
Application Under Workplace Relations Act 1996 (cth) S209 / Application for Leave to Amend Rule to Show Cause—judgment and Orders
Outcome
Leave to amend the rule to show cause refused
Legal Topics
['union Disciplinary Proceedings' 'bias in Disciplinary Tribunals' 'observance of Union Rules']
['industrial Law' 'administrative Law'] ['union Disciplinary Proceedings' 'bias in Disciplinary Tribunals' 'observance of Union Rules']

Case Brief

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Procedural Posture

Application Under Workplace Relations Act 1996 (cth) S209 / Application for Leave to Amend Rule to Show Cause—judgment and Orders

Legal Issues

  1. 1 ['Whether particular members of State Council were invincibly biased' 'Whether the proceedings before State Council miscarried']

Ratio Decidendi

Mr McMahon was invincibly biased regarding the charge against Mr Noack and should not have participated. His involvement vitiated the proceedings of the State Council, causing the proceedings to miscarry.

Court Disposition

Leave to amend the rule to show cause refused

Orders

  • ['The applicant be refused leave to amend the rule to show cause']