In the matter of an application by Clive Raymond Ferris for an Inquiry into an election in the Australian Workers Union. [1982] FCA 230

In the matter of an application by Clive Raymond Ferris for an Inquiry into an election in the Australian Workers Union. [1982] FCA 230

Court not satisfied that there were reasonable grounds for the application made by Mr Ferris, as evidence was insufficient, largely hearsay or speculative, and allegations did not disclose irregularities capable of affecting the election result.

Parties
Applicant: Clyde Raymond Ferris; Respondent: Australian Workers' Union; Third Party: Australian Electoral Office
Jurisdiction
Australia
Judgment Date
25 October 1982
Procedural Posture
Application for Election Inquiry Under Conciliation and Arbitration Act 1904 / Final Judgment and Orders
Outcome
application dismissed
Legal Topics
Union Election, Registered Organisation, Election Irregularity, Union Membership Eligibility
Industrial Law Union Election Registered Organisation Election Irregularity Union Membership Eligibility

Case Brief

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Parties

Clyde Raymond Ferris

Applicant

Australian Workers' Union

Respondent

Australian Electoral Office

Third Party

Procedural Posture

Application for Election Inquiry Under Conciliation and Arbitration Act 1904 / Final Judgment and Orders

Legal Issues

  1. 1 Whether ballot papers were sent to all eligible voters and only to eligible voters in the union election
  2. 2 Whether alleged irregularities would have affected the result of the election
  3. 3 Compliance with statutory requirements for an election inquiry application

Ratio Decidendi

Court not satisfied that there were reasonable grounds for the application made by Mr Ferris, as evidence was insufficient, largely hearsay or speculative, and allegations did not disclose irregularities capable of affecting the election result.

Court Disposition

application dismissed

Orders

  • The Application by Clyde Raymond Ferris for an inquiry into an election in the Australian Workers' Union is dismissed.