Maguire v Frend [1977] FCA 75

Maguire v Frend [1977] FCA 75

The submission of the amalgamation scheme, alterations to Rules 5 and 38, and arrangements for property disposition were properly authorized in accordance with Association rules and statutory requirements. The directions and declaratory relief sought by the claimant must fail.

Parties
Claimant: Frank Maguire; Respondent: G.B. Frend; Respondent: A.G. Chapman; Respondent: L.M. Ridd; Respondent: B.F. Regan; Respondent: J.B. Faulkner; Respondent: F.C. Mackillop; Respondent: K.M. Schulz; Respondent: M.W. Taylor; Respondent: H.G.S. Todd; Respondent: United Farmers and Woolgrowers Industrial Association of New South Wales
Jurisdiction
Australia
Judgment Date
28 October 1977
Procedural Posture
Application for Directions/declaratory Relief Under Statute / Judgment
Outcome
Application dismissed
Legal Topics
Amalgamation of Registered Organizations, Alteration of Rules, Disposition of Property on Deregistration, Conciliation and Arbitration Act Procedures
Industrial Law Amalgamation of Registered Organizations Alteration of Rules Disposition of Property on Deregistration Conciliation and Arbitration Act Procedures

Case Brief

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Parties

Frank Maguire

Claimant

G.B. Frend

Respondent

A.G. Chapman

Respondent

L.M. Ridd

Respondent

B.F. Regan

Respondent

J.B. Faulkner

Respondent

F.C. Mackillop

Respondent

K.M. Schulz

Respondent

M.W. Taylor

Respondent

H.G.S. Todd

Respondent

United Farmers and Woolgrowers Industrial Association of New South Wales

Respondent

Procedural Posture

Application for Directions/declaratory Relief Under Statute / Judgment

Legal Issues

  1. 1 Whether submission of amalgamation scheme was properly authorized under Association rules.
  2. 2 Whether alterations to Rules 5 and 38 were validly made.
  3. 3 Whether proper provision was made for disposition of Association property on dissolution.

Ratio Decidendi

The submission of the amalgamation scheme, alterations to Rules 5 and 38, and arrangements for property disposition were properly authorized in accordance with Association rules and statutory requirements. The directions and declaratory relief sought by the claimant must fail.

Court Disposition

Application dismissed