Murphy, D.E. v Eagleton, T.F. & Ors [1987] FCA 584

Murphy, D.E. v Eagleton, T.F. & Ors [1987] FCA 584

Only persons who paid contributions to the Federation or its Queensland branch were financial members; over 5% attended the meeting, thus the resolution of 30th March 1987 is binding under the rules and must be observed by the branch committee.

Parties
Applicant: Donald Edmund Murphy; Respondent: Thomas Francis Eagleton; Respondent: Brian Steinheuer; Respondents: Other Respondents
Jurisdiction
Australia
Judgment Date
30 October 1987
Procedural Posture
Industrial Law Proceeding / Judgment and Order
Outcome
Order made; Rule to Show Cause discharged otherwise.
Legal Topics
Registered Organizations, Performance and Observance of Rules, Binding Effect of General Meeting Resolutions, Financial Membership
Industrial Law Registered Organizations Performance and Observance of Rules Binding Effect of General Meeting Resolutions Financial Membership

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Donald Edmund Murphy

Applicant

Thomas Francis Eagleton

Respondent

Brian Steinheuer

Respondent

Other Respondents

Respondents

Procedural Posture

Industrial Law Proceeding / Judgment and Order

Legal Issues

  1. 1 Whether a general meeting resolution is binding under organizational rules
  2. 2 Determination of financial membership for the purposes of rule compliance
  3. 3 Proper form of Court order under s.141 of Conciliation and Arbitration Act 1904

Ratio Decidendi

Only persons who paid contributions to the Federation or its Queensland branch were financial members; over 5% attended the meeting, thus the resolution of 30th March 1987 is binding under the rules and must be observed by the branch committee.

Court Disposition

Order made; Rule to Show Cause discharged otherwise.

Orders

  • Respondents perform and observe rules by treating as valid and binding the resolution of 30th March 1987 directing all meetings to be held at Greenslopes unless rescinded or replaced.
  • Otherwise, the Rule to Show Cause is discharged.