Magner, Alexander Michael v Fowler, G R & Ors [1979] FCA 30

Magner, Alexander Michael v Fowler, G R & Ors [1979] FCA 30

The Federal Executive did not have the power under the rules to establish a Committee of Inquiry to determine improprieties, nor to carry related resolutions that were not properly placed on the agenda; the Committee of Inquiry failed to observe principles of natural justice, and all related resolutions and proceedings are invalid and to be treated as null and void.

Parties
Claimant: Alexander Michael Magner; Respondent: G. R. Fowler; Respondent: A. Forward; Respondent: S. E. G. Imer; Respondent: B. Cotter; Respondent: J. Hayes; Respondent: A. A. M. Simakoff; Respondent: K. C. Duffy; Respondent: R. Nolan; Respondent: W. J. S. West; Respondent: D. G. Hagan; Respondent: P. O'Brien; Respondent: G. S. Griffith; Respondent: G. W. McKenna; Respondent: W. Peck
Jurisdiction
Australia
Judgment Date
12 April 1979
Procedural Posture
Industrial Law Application Under Statute / Final Judgment and Orders
Outcome
Orders granted for performance and observance of rules; resolutions and proceedings declared null and void.
Legal Topics
Rules of Organisations, Jurisdiction of Court, Disciplinary Processes, Natural Justice
Industrial Law Rules of Organisations Jurisdiction of Court Disciplinary Processes Natural Justice

Case Brief

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Parties

Alexander Michael Magner

Claimant

G. R. Fowler

Respondent

A. Forward

Respondent

S. E. G. Imer

Respondent

B. Cotter

Respondent

J. Hayes

Respondent

A. A. M. Simakoff

Respondent

K. C. Duffy

Respondent

R. Nolan

Respondent

W. J. S. West

Respondent

D. G. Hagan

Respondent

P. O'Brien

Respondent

G. S. Griffith

Respondent

G. W. McKenna

Respondent

W. Peck

Respondent

Procedural Posture

Industrial Law Application Under Statute / Final Judgment and Orders

Legal Issues

  1. 1 Whether 'supreme governing body' under organisational rules had power to appoint a Committee of Inquiry to determine improprieties
  2. 2 Whether the establishment and actions of Committee of Inquiry were authorised by the rules
  3. 3 Whether breach of rules and/or principles of natural justice occurred

Ratio Decidendi

The Federal Executive did not have the power under the rules to establish a Committee of Inquiry to determine improprieties, nor to carry related resolutions that were not properly placed on the agenda; the Committee of Inquiry failed to observe principles of natural justice, and all related resolutions and proceedings are invalid and to be treated as null and void.

Court Disposition

Orders granted for performance and observance of rules; resolutions and proceedings declared null and void.

Orders

  • Respondents to perform and observe Rules of the Administrative and Clerical Officers' Association, Commonwealth Public Service and in particular Rules 13 and 29 by treating as null and void the purported appeal by Nicholson to the Federal Executive under Rule 13.
  • Respondents to treat as null and void the resolution of Federal Executive at its July 1978 Darwin meeting establishing a Committee of Inquiry.