In the Matter of an application by Clyde Raymond Ferris..to seek leave of the Court to become a candidate for election as a Delegate to the 1984 Annual Convention in the Australian Workers Union [1983] FCA 218

In the Matter of an application by Clyde Raymond Ferris..to seek leave of the Court to become a candidate for election as a Delegate to the 1984 Annual Convention in the Australian Workers Union [1983] FCA 218

The applicant, though misguided, acted honestly and openly for a proper purpose without intent to deceive or perpetrate fraud. The breach of regulation 140 was not sufficiently serious to justify continuing disqualification. His character and activist role support the grant of leave to stand for office.

Parties
Applicant: Clyde Raymond Ferris; Respondent: Australian Workers' Union
Jurisdiction
Australia
Judgment Date
16 August 1983
Procedural Posture
Application / Final Determination
Outcome
leave to stand for election granted
Legal Topics
Disqualification From Union Office, Electoral Offences, Convictions and Eligibility, Regulation 140 Breach
Industrial Law Union Law Election Law Disqualification From Union Office Electoral Offences Convictions and Eligibility Regulation 140 Breach

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Parties

Clyde Raymond Ferris

Applicant

Australian Workers' Union

Respondent

Procedural Posture

Application / Final Determination

Legal Issues

  1. 1 Whether the applicant should be granted leave to stand for union office after conviction of an electoral offence under regulation 140
  2. 2 Whether the applicant's conduct constituted sufficient grounds for continuing disqualification from union office

Ratio Decidendi

The applicant, though misguided, acted honestly and openly for a proper purpose without intent to deceive or perpetrate fraud. The breach of regulation 140 was not sufficiently serious to justify continuing disqualification. His character and activist role support the grant of leave to stand for office.

Court Disposition

leave to stand for election granted

Orders

  • The applicant be granted leave to become a candidate for election as a Delegate to the 1984 Annual Convention of the Australian Workers' Union.