Mapstone, David John Garland & Ors v William Thorton & Ors [1982] FCA 254

Mapstone, David John Garland & Ors v William Thorton & Ors [1982] FCA 254

Credentials or certification are not a condition precedent to the right of duly elected Councillors to participate in a Federal Council meeting; thus, the newly elected Councillors are entitled to act and participate despite the absence of certification.

Parties
Applicant: David John Garland Mapstone; Applicant: Bernadette Anne Callaghan; Applicant: Gabrielle Mary Crawford; Applicant: Christopher Woods; Respondent: William Thornton; Respondent: Joan Riordan; Respondent: Maxwell Ronald Muller; Respondent: John Peter Maynes; Respondent: Leonard Luke Dobby; Respondent: Brian Francis Tooley
Jurisdiction
Australia
Judgment Date
22 November 1982
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 / Interim Relief Sought; Motion for Orders Prior to Final Hearing
Outcome
Interim orders granted giving applicants right to participate and requiring specified respondents to withdraw from meeting.
Legal Topics
Union Rules, Entitlement to Participate in Union Meetings, Credentials and Certification, Conciliation and Arbitration Act 1904, S.141
Industrial Law Union Rules Entitlement to Participate in Union Meetings Credentials and Certification Conciliation and Arbitration Act 1904, S.141

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Parties

David John Garland Mapstone

Applicant

Bernadette Anne Callaghan

Applicant

Gabrielle Mary Crawford

Applicant

Christopher Woods

Applicant

William Thornton

Respondent

Joan Riordan

Respondent

Maxwell Ronald Muller

Respondent

John Peter Maynes

Respondent

Leonard Luke Dobby

Respondent

Brian Francis Tooley

Respondent

Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 / Interim Relief Sought; Motion for Orders Prior to Final Hearing

Legal Issues

  1. 1 Whether newly elected Federal Councillors of the Federated Clerks Union are entitled to participate in the Federal Council meeting in the absence of certification of their election per the relevant rules.
  2. 2 Whether the lack of credentials/certification is a condition precedent to entitlement to act as a Federal Councillor.

Ratio Decidendi

Credentials or certification are not a condition precedent to the right of duly elected Councillors to participate in a Federal Council meeting; thus, the newly elected Councillors are entitled to act and participate despite the absence of certification.

Court Disposition

Interim orders granted giving applicants right to participate and requiring specified respondents to withdraw from meeting.

Orders

  • John Peter Maynes admit the applicants to the meeting of the Federal Council of the Federated Clerks Union of Australia at Coffs Harbour, New South Wales.
  • Leonard Luke Dobby, Brian Francis Tooley, Joan Riordan, and Maxwell Ronald Muller withdraw and desist from attendance as Federal Councillors representing the Central and Southern Queensland Branch at the meeting.