Adlam, Carolyn Jennifer v Bauer, P & Ors [1998] FCA 1759

Adlam, Carolyn Jennifer v Bauer, P & Ors [1998] FCA 1759

The Court granted an order nisi limited to the allegations in paragraph 6 of Ms Adlam's affidavit because, although thin and not finally assessed, those allegations of invincible bias could if proved justify setting aside the State Council's decision. The other grounds concerning representation, substitution, and voting procedures had no sufficient prospect of supporting relief, and waiver was not established at the preliminary stage so as to justify refusing the order nisi.

Jurisdiction
Australia
Judgment Date
22 December 1998
Procedural Posture
Application for a Rule to Show Cause Under S 209 of the Workplace Relations Act 1996 (cth) / Application for Order Nisi/rule to Show Cause
Outcome
Order nisi/rule to show cause granted, limited to the grounds alleged in paragraph 6 of the supporting affidavit; adjournment refused.
Legal Topics
['union Disciplinary Proceedings' 'rule to Show Cause' 'natural Justice' 'invincible Bias' 'waiver' 'voting Procedures Under Union Rules']
['industrial Law' 'administrative Law'] ['union Disciplinary Proceedings' 'rule to Show Cause' 'natural Justice' 'invincible Bias' 'waiver' 'voting Procedures Under Union Rules']

Case Brief

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Procedural Posture

Application for a Rule to Show Cause Under S 209 of the Workplace Relations Act 1996 (cth) / Application for Order Nisi/rule to Show Cause

Legal Issues

  1. 1 ["Whether a rule to show cause should issue challenging the validity of the State Council's determination of charges against Mr Noack under Rule 11 of the organisation's Rules." 'Whether allegations that Ms Adlam was denied representation at the hearing could support relief.' 'Whether Ms Adlam was entitled to nominate a substitute for the State Council hearing despite being disqualified by interest.' 'Whether complaints about the voting procedures under Rule 11 could support relief.' 'Whether allegations of invincible bias by members sitting on the State Council justified an order nisi.' 'Whether the Court should refuse relief at the preliminary stage on the basis that Ms Adlam had waived her entitlement to complain about the constitution of the Council.']

Ratio Decidendi

The Court granted an order nisi limited to the allegations in paragraph 6 of Ms Adlam's affidavit because, although thin and not finally assessed, those allegations of invincible bias could if proved justify setting aside the State Council's decision. The other grounds concerning representation, substitution, and voting procedures had no sufficient prospect of supporting relief, and waiver was not established at the preliminary stage so as to justify refusing the order nisi.

Court Disposition

Order nisi/rule to show cause granted, limited to the grounds alleged in paragraph 6 of the supporting affidavit; adjournment refused.

Orders

  • ['The application for an adjournment was refused.' 'A rule to show cause should issue limited to the grounds alleged in paragraph 6 of the supporting affidavit.' 'Ms Adlam was required to file affidavits in admissible form within a reasonable time to support the allegations made in paragraph 6.' 'The rule to show...