In the matter of an application by Fahey, F.J. for an inquiry into an election in the Electrical Trades Union of Australia South Australia Branch [1988] FCA 78

In the matter of an application by Fahey, F.J. for an inquiry into an election in the Electrical Trades Union of Australia South Australia Branch [1988] FCA 78

After considering the applicant's documents and the cited authorities, the court was not satisfied that there was reasonable ground for the application within s. 159(4)(b), and therefore was not required to proceed with the inquiry; the proper course was to terminate the inquiry.

Jurisdiction
Australia
Judgment Date
18 February 1988
Procedural Posture
Application for an Inquiry Into an Election in a Registered Organization / Reference by the Industrial Registrar to the Federal Court of Australia; Hearing of Submission Under S. 159(4)(b) That the Inquiry Should Not Proceed
Outcome
Inquiry terminated.
Legal Topics
['registered Organization Elections' 'inquiry Into Election' 'reasonable Ground for Application' 'office in a Branch of an Organization']
['industrial Law'] ['registered Organization Elections' 'inquiry Into Election' 'reasonable Ground for Application' 'office in a Branch of an Organization']

Case Brief

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Procedural Posture

Application for an Inquiry Into an Election in a Registered Organization / Reference by the Industrial Registrar to the Federal Court of Australia; Hearing of Submission Under S. 159(4)(b) That the Inquiry Should Not Proceed

Legal Issues

  1. 1 ['Whether a delegate to the ALP Convention or ALP Central Council held an office in a branch of the organization or in the Union.' 'Whether the court was required to proceed with the inquiry where it was not satisfied that there was reasonable ground for the application.']

Ratio Decidendi

After considering the applicant's documents and the cited authorities, the court was not satisfied that there was reasonable ground for the application within s. 159(4)(b), and therefore was not required to proceed with the inquiry; the proper course was to terminate the inquiry.

Court Disposition

Inquiry terminated.

Orders

  • ['The inquiry is terminated.']