Short v Camillo [2000] FCA 504

Short v Camillo [2000] FCA 504

The National Council resolution was intended to substitute for the procedure in rule 22.2 and authorized the appointment of delegates outside of that process. Rule 22.2 did not impose obligations on the respondents in these circumstances, and thus they did not fail to perform or observe the rules of the organization.

Parties
Applicant: John Short; Respondent: John Camillo; Respondent: Douglas Cameron
Jurisdiction
Australia
Judgment Date
03 April 2000
Procedural Posture
Application Under S 209 of the Workplace Relations Act 1996 (cth) / Hearing of Rule to Show Cause
Outcome
Order to show cause discharged
Legal Topics
Union Rules Compliance, Appointment of Delegates, Workplace Relations Act 1996 (cth) S 209
Industrial Law Union Law Union Rules Compliance Appointment of Delegates Workplace Relations Act 1996 (cth) S 209

Case Brief

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Parties

John Short

Applicant

John Camillo

Respondent

Douglas Cameron

Respondent

Procedural Posture

Application Under S 209 of the Workplace Relations Act 1996 (cth) / Hearing of Rule to Show Cause

Legal Issues

  1. 1 Whether Mr Camillo and Mr Cameron were required to comply with rule 22.2 of the union rules when appointing delegates to the ALP Convention
  2. 2 Whether the National Council resolution displaced the operation of rule 22.2 in the process of appointing delegates

Ratio Decidendi

The National Council resolution was intended to substitute for the procedure in rule 22.2 and authorized the appointment of delegates outside of that process. Rule 22.2 did not impose obligations on the respondents in these circumstances, and thus they did not fail to perform or observe the rules of the organization.

Court Disposition

Order to show cause discharged

Orders

  • The order to show cause be discharged.