Mapstone, David John Garland & Ors v Thornton, William & Anor [1982] FCA 281

Mapstone, David John Garland & Ors v Thornton, William & Anor [1982] FCA 281

In the absence of established reasonable suspicion of destabilisation or disadvantage if control passes to the successful electoral candidates, and absent evidence that the election result may have been affected by alleged irregularities, the court should give effect to the results of the recent election, pending any election enquiry.

Jurisdiction
Australia
Judgment Date
15 December 1982
Procedural Posture
Industrial Arbitration Application / Interlocutory (interim Orders With Adjournment)
Outcome
Interlocutory orders made; application adjourned to a date to be fixed
Legal Topics
['registered Organisations' 'union Election Disputes' 'control of Union Funds' 'observance of Union Rules']
['industrial Law'] ['registered Organisations' 'union Election Disputes' 'control of Union Funds' 'observance of Union Rules']

Case Brief

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Procedural Posture

Industrial Arbitration Application / Interlocutory (interim Orders With Adjournment)

Legal Issues

  1. 1 ['Whether outgoing office-bearers must hand control of union bank accounts to incoming office-bearers pending election enquiry' 'Relevance of pending application for election enquiry to interim control of union affairs']

Ratio Decidendi

In the absence of established reasonable suspicion of destabilisation or disadvantage if control passes to the successful electoral candidates, and absent evidence that the election result may have been affected by alleged irregularities, the court should give effect to the results of the recent election, pending any election enquiry.

Court Disposition

Interlocutory orders made; application adjourned to a date to be fixed

Orders

  • ['Respondents William Thornton and Joan Riordan shall observe the rules of the Federated Clerks Union of Australia Central and Southern Queensland Branch by signing all documents necessary to give effect to Rule 41, in particular signing transfer of authority documents for accounts at the Commonwealth Bank of...