Troja, Frank v Macdonald, L & Ors [1981] FCA 286

Troja, Frank v Macdonald, L & Ors [1981] FCA 286

The court found that the union newsletters contained statements and comments, particularly those about Mr. Troja, which went beyond fair comment on union policy and were intended to, and likely to, influence the election to his detriment. As such, this conduct warranted an order preventing repetition until the election concluded.

Parties
Applicant: Frank Troja; Respondent: L. MacDonald; Respondent: W. J. Curran; Respondent: M. McPike; Respondent: Australasian Meat Industry Employees Union
Jurisdiction
Australia
Judgment Date
23 October 1981
Procedural Posture
Application Under the Conciliation and Arbitration Act 1904 / Ex Tempore Judgment at First Instance
Outcome
Order preventing repetition of such conduct granted; the organization (Australasian Meat Industry Employees Union) dismissed from proceedings; no order as to costs for the union; order effective until the conclusion of the election.
Legal Topics
Union Elections, Use of Union Resources in Elections, Defamatory Statements, Candidate Rights
Industrial Law Union Elections Use of Union Resources in Elections Defamatory Statements Candidate Rights

Case Brief

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Parties

Frank Troja

Applicant

L. MacDonald

Respondent

W. J. Curran

Respondent

M. McPike

Respondent

Australasian Meat Industry Employees Union

Respondent

Procedural Posture

Application Under the Conciliation and Arbitration Act 1904 / Ex Tempore Judgment at First Instance

Legal Issues

  1. 1 Whether union communications contained comments intended to influence the result of a union election in contravention of applicable rules or law
  2. 2 Whether statements in union newsletters about Mr. Troja constitute fair comment in policy controversy or improper electoral influence

Ratio Decidendi

The court found that the union newsletters contained statements and comments, particularly those about Mr. Troja, which went beyond fair comment on union policy and were intended to, and likely to, influence the election to his detriment. As such, this conduct warranted an order preventing repetition until the election concluded.

Court Disposition

Order preventing repetition of such conduct granted; the organization (Australasian Meat Industry Employees Union) dismissed from proceedings; no order as to costs for the union; order effective until the conclusion of the election.

Orders

  • Order restraining repetition of conduct set out in the newsletters until conclusion of the election
  • Australasian Meat Industry Employees Union dismissed from the proceedings