Bailey L.J. v. Krantz, H.D. & Ors [1985] FCA 370

Bailey L.J. v. Krantz, H.D. & Ors [1985] FCA 370

The South Australian Branch of the Federated Clerks Union was itself validly registered under state industrial law in 1919, not as a separate legal entity but as an arm of the federal union; the apparent incorporation under state law is severed and ineffective as against the union by operation of s.109 Constitution, and all property acquired and held under the name of the South Australian Association/Branch is properly to be regarded as property of the Union under its rules, unless the act is validated by s.171F of the federal Act, which in this case operates to validate prior acts such that no relief can be granted in respect of assets held for more than four years without substantial...

Parties
Applicant: James Leslie Bailey; Respondents: Harry David Krantz & Ors.
Jurisdiction
Australia
Judgment Date
16 July 1985
Procedural Posture
Rule to Show Cause (s.141 Conciliation and Arbitration Act 1904 Proceeding) / Final Judgment, Following Trial and Determination of Notice of Motions and Rule to Show Cause Discharge
Outcome
Application dismissed; Rule to Show Cause discharged; motions dismissed; no orders made regarding property or funds.
Legal Topics
Dual Registration of Organisations, Registration Under State Law Vs Federal Law, Inconsistency and S.109 of the Constitution, Incorporation of Branches Under State Law, Entitlement to Union Property, Vesting and Holding of Property in Unions, Equitable Defences in Union Law, Validation by Lapse of Time (s.171 F, Conciliation and Arbitration Act)
Industrial Law Dual Registration of Organisations Registration Under State Law Vs Federal Law Inconsistency and S.109 of the Constitution Incorporation of Branches Under State Law Entitlement to Union Property Vesting and Holding of Property in Unions Equitable Defences in Union Law +1 more

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Parties

James Leslie Bailey

Applicant

Harry David Krantz & Ors.

Respondents

Procedural Posture

Rule to Show Cause (s.141 Conciliation and Arbitration Act 1904 Proceeding) / Final Judgment, Following Trial and Determination of Notice of Motions and Rule to Show Cause Discharge

Legal Issues

  1. 1 Was the South Australian Branch of the Federated Clerks Union a separately incorporated association under South Australian law, or merely a branch of a federally registered union?
  2. 2 Were the acquisition and holding of property (land, buildings, funds) by the South Australian Branch or South Australian Association in accordance with the rules of the federal Union and/or law?
  3. 3 Were the property and funds in question properly 'vested' in the Union under the Union's rules, and what are the legal consequences if they were not?

Ratio Decidendi

The South Australian Branch of the Federated Clerks Union was itself validly registered under state industrial law in 1919, not as a separate legal entity but as an arm of the federal union; the apparent incorporation under state law is severed and ineffective as against the union by operation of s.109 Constitution, and all property acquired and held under the name of the South Australian Association/Branch is properly to be regarded as property of the Union under its rules, unless the act is validated by s.171F of the federal Act, which in this case operates to validate prior acts such that no relief can be granted in respect of assets held for more than four years without substantial...

Court Disposition

Application dismissed; Rule to Show Cause discharged; motions dismissed; no orders made regarding property or funds.

Orders

  • The motions the subject of the Notice of Motion dated 31st January 1985 are dismissed.
  • The motions the subject of the Notice of Motion dated 21st February 1985 are dismissed.