Cooper, E.S. v Penman, D. & Anor [1987] FCA 545

Cooper, E.S. v Penman, D. & Anor [1987] FCA 545

On their proper construction, the rules of the Association require that a candidate for election to the office of Assistant Federal Secretary shall have been a financial member for at least the preceding three financial years, calculated continuously and immediately preceding nomination. The appellant did not meet this requirement due to a break in financial membership during her period of reserve membership.

Parties
Appellant: Elizabeth Susan Cooper; First Respondent: David Penman; Second Respondent: The Australian Journalists' Association
Jurisdiction
Australia
Judgment Date
15 October 1987
Procedural Posture
Appeal / On Appeal From a Single Judge of the Federal Court of Australia
Outcome
Appeal dismissed
Legal Topics
Interpretation of Union Rules, Eligibility for Union Office, Financial Membership Requirements, Trade Union Elections
Industrial Law Interpretation of Union Rules Eligibility for Union Office Financial Membership Requirements Trade Union Elections

Case Brief

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Parties

Elizabeth Susan Cooper

Appellant

David Penman

First Respondent

The Australian Journalists' Association

Second Respondent

Procedural Posture

Appeal / On Appeal From a Single Judge of the Federal Court of Australia

Legal Issues

  1. 1 Whether the rules of the Australian Journalists' Association require a candidate for election to the office of Assistant Federal Secretary to have been a financial member of the Association for the preceding three years
  2. 2 Whether the appellant satisfied the requirement of continuous financial membership for the preceding three years

Ratio Decidendi

On their proper construction, the rules of the Association require that a candidate for election to the office of Assistant Federal Secretary shall have been a financial member for at least the preceding three financial years, calculated continuously and immediately preceding nomination. The appellant did not meet this requirement due to a break in financial membership during her period of reserve membership.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.