Cooper, E.S. v. Penman, D. & Anor [1987] FCA 336

Cooper, E.S. v. Penman, D. & Anor [1987] FCA 336

Rule 10(w), properly construed, required a candidate nominating to fill a casual vacancy in the office of Assistant Federal Secretary to have been a financial member of the Association for at least the preceding three years. The applicant's period of Reserve Membership while in Fiji was not financial membership, even though no dues were payable during that period. She therefore did not satisfy the eligibility requirement at the time of nomination, and no irregularity was shown in the rejection of her nomination.

Jurisdiction
Australia
Judgment Date
25 June 1987
Procedural Posture
Application Pursuant to S.171 C of the Conciliation and Arbitration Act 1904 (cth) Challenging Rejection of a Nomination for Election to Fill a Casual Vacancy in an Office of a Registered Organization / Reasons for Judgment and Orders After Hearing
Outcome
Application dismissed.
Legal Topics
['registered Organization Rules' 'interpretation of Rules' 'election to Fill Casual Vacancy' 'financial Membership' 'reserve Membership' 'eligibility for Office']
['industrial Law'] ['registered Organization Rules' 'interpretation of Rules' 'election to Fill Casual Vacancy' 'financial Membership' 'reserve Membership' 'eligibility for Office']

Case Brief

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Procedural Posture

Application Pursuant to S.171 C of the Conciliation and Arbitration Act 1904 (cth) Challenging Rejection of a Nomination for Election to Fill a Casual Vacancy in an Office of a Registered Organization / Reasons for Judgment and Orders After Hearing

Legal Issues

  1. 1 ['Whether the rules of The Australian Journalists Association required a person nominating for election to the office of Assistant Federal Secretary to have been a financial member of the Association for the preceding three years.' 'Whether the applicant satisfied that requirement despite having been transferred to Reserve Membership while absent from Australia.']

Ratio Decidendi

Rule 10(w), properly construed, required a candidate nominating to fill a casual vacancy in the office of Assistant Federal Secretary to have been a financial member of the Association for at least the preceding three years. The applicant's period of Reserve Membership while in Fiji was not financial membership, even though no dues were payable during that period. She therefore did not satisfy the eligibility requirement at the time of nomination, and no irregularity was shown in the rejection of her nomination.

Court Disposition

Application dismissed.

Orders

  • ['The application be dismissed.' 'The injunction granted herein by Everett J. on 29 May 1987 be dissolved.' 'There be no order as to costs.']