Good v Bunn [1996] IRCA 676

Good v Bunn [1996] IRCA 676

The Court exercised discretion to order that, pending substantive hearing, the Applicant and Mr Davis be permitted to participate fully as members of the Federal Executive, and restrained the convening of the proposed special meeting of the Federal Council.

Parties
Applicant: Janet Pamela Good; First Respondent: David Bunn; Second Respondents: Sean Curley, Leigh Delaney, Peter Keogh, Bob Taymant, Sue Carlos, John Anderson, Karen Batt, Greg Vines, Dave Robinson, Jan McMahon (all being members of the SPSF Federal Executive); Third Respondents: Dave Robinson, Sue Carlos, G. Bartier, S. Curley, G. Rennie, A. Snow, C. Miles, H. Borrodale, John Anderson, Karen Batt, Peter Keogh, M. Treseder, D. Green, J. McMahon, S. Pinches, J. Hadaway, D. Robertson, R. Taymant, Graham Kelly, Brian Ellis, Greg Vines, Leigh Delaney, Neil Baker, D. Abbott (all being members of the Federal Council); Fourth Respondents: Wendy Caird, Vicky Telfer, Sue Mountford, Mark Sexton, Doug Lilly, Sally O'Loughlin, Greg Vines, Karen Batt, Dave Robinson, Sue Carlos, John Anderson (all being members of the National Officers Committee); Fifth Respondent: The Community and Public Sector Union
Jurisdiction
Australia
Judgment Date
15 October 1996
Procedural Posture
Industrial Relations Proceeding / Interlocutory Application – Interim Orders
Outcome
Interim orders granted by consent and by exercise of discretion
Legal Topics
Union Governance, Interim Orders, Federal Executive Powers, Council Meetings
Industrial Law Union Governance Interim Orders Federal Executive Powers Council Meetings

Case Brief

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Parties

Janet Pamela Good

Applicant

David Bunn

First Respondent

Sean Curley, Leigh Delaney, Peter Keogh, Bob Taymant, Sue Carlos, John Anderson, Karen Batt, Greg Vines, Dave Robinson, Jan McMahon (all being members of the SPSF Federal Executive)

Second Respondents

Dave Robinson, Sue Carlos, G. Bartier, S. Curley, G. Rennie, A. Snow, C. Miles, H. Borrodale, John Anderson, Karen Batt, Peter Keogh, M. Treseder, D. Green, J. McMahon, S. Pinches, J. Hadaway, D. Robertson, R. Taymant, Graham Kelly, Brian Ellis, Greg Vines, Leigh Delaney, Neil Baker, D. Abbott (all being members of the Federal Council)

Third Respondents

Wendy Caird, Vicky Telfer, Sue Mountford, Mark Sexton, Doug Lilly, Sally O'Loughlin, Greg Vines, Karen Batt, Dave Robinson, Sue Carlos, John Anderson (all being members of the National Officers Committee)

Fourth Respondents

The Community and Public Sector Union

Fifth Respondent

Procedural Posture

Industrial Relations Proceeding / Interlocutory Application – Interim Orders

Legal Issues

  1. 1 Whether interim orders should be made to ensure effective functioning of the union pending hearing
  2. 2 Whether Applicant and Mr Davis should be permitted to act as members of the Federal Executive while membership status questioned
  3. 3 Whether special meeting of Federal Council should be restrained

Ratio Decidendi

The Court exercised discretion to order that, pending substantive hearing, the Applicant and Mr Davis be permitted to participate fully as members of the Federal Executive, and restrained the convening of the proposed special meeting of the Federal Council.

Court Disposition

Interim orders granted by consent and by exercise of discretion

Orders

  • Respondents to permit Ms Good and Mr Davis to participate fully as members of the Federal Executive until 4.15pm on 13 December 1996 or further order.
  • Third Respondents to refrain until 4.15pm on 13 December 1996 or further order from taking further steps in relation to a special meeting of Federal Council proposed for 8 November 1996 or convening any other meeting of Federal Council.