Allshorn, David Scott v Stapleton, Damien & Ors [1984] FCA 31

Allshorn, David Scott v Stapleton, Damien & Ors [1984] FCA 31

Rule 18 does not contravene s. 140(1)(a) or s. 140(1)(c) of the Act because it does not extend the elected term beyond three years, and the 'holding over' provision does not mean the officer is elected for a longer period; eligibility to hold Federal Secretary office requires being a branch Secretary at the time of election, not continuously throughout the term. Relief should be refused for delay even if applicant's construction was accepted.

Parties
Applicant: David Scott Allshorn; Respondent: Damien Stapleton; Respondent: Clifford John Field; Respondent: Simon Jenkins; Respondent: John William Smith; Respondent: Peter Hull; Respondent: Hec. White; Respondent: Elizabeth Bryan; Respondent: Reginald Starr; Respondent: Harry Bluck; Respondent: Robert Cakebread; Respondent: Edward Goldsworthy; Respondent: Wynne Wilson; Respondent: Denis Shelverton; Respondent: The Australian Theatrical and Amusement Employees Association
Jurisdiction
Australia
Judgment Date
27 February 1984
Procedural Posture
Application for Orders Under the Conciliation and Arbitration Act 1904 / Final Judgment After Hearing and Supplementary Submissions
Outcome
Application dismissed; rule to show cause discharged
Legal Topics
Construction of Registered Organization Rules, Eligibility for Office, Holding Over Provisions, Statutory Compliance With Office Terms, Discretion in Delayed Proceedings
Industrial Law Construction of Registered Organization Rules Eligibility for Office Holding Over Provisions Statutory Compliance With Office Terms Discretion in Delayed Proceedings

Case Brief

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Parties

David Scott Allshorn

Applicant

Damien Stapleton

Respondent

Clifford John Field

Respondent

Simon Jenkins

Respondent

John William Smith

Respondent

Peter Hull

Respondent

Hec. White

Respondent

Elizabeth Bryan

Respondent

Reginald Starr

Respondent

Harry Bluck

Respondent

Robert Cakebread

Respondent

Edward Goldsworthy

Respondent

Wynne Wilson

Respondent

Denis Shelverton

Respondent

The Australian Theatrical and Amusement Employees Association

Respondent

Procedural Posture

Application for Orders Under the Conciliation and Arbitration Act 1904 / Final Judgment After Hearing and Supplementary Submissions

Legal Issues

  1. 1 Whether rule 18 of the organization's rules contravenes s. 140(1)(a) or s. 140(1)(c) of the Conciliation and Arbitration Act 1904
  2. 2 Whether the Federal Secretary must continue to be a branch Secretary to remain eligible for Federal office under the rules
  3. 3 Whether holding over provisions are contrary to s. 133(1)(db) of the Act

Ratio Decidendi

Rule 18 does not contravene s. 140(1)(a) or s. 140(1)(c) of the Act because it does not extend the elected term beyond three years, and the 'holding over' provision does not mean the officer is elected for a longer period; eligibility to hold Federal Secretary office requires being a branch Secretary at the time of election, not continuously throughout the term. Relief should be refused for delay even if applicant's construction was accepted.

Court Disposition

Application dismissed; rule to show cause discharged

Orders

  • Application for enlargement of rule to show cause refused
  • Rule to show cause, granted on 19 July 1983, discharged