Verner v Johnston (No 2) [2000] FCA 631

Verner v Johnston (No 2) [2000] FCA 631

The evidence of envelopes received on 1 and 2 May addressed in a way suggesting use of a membership list other than the Australian Electoral Commission list did not establish with the required high degree of persuasiveness that the respondents breached their undertaking, and no union rule was shown to give Mr Roe sole or exclusive custody of any membership list other than that provided by the Australian Electoral Commission; accordingly the 4 May 2000 motion was dismissed while leave was granted to bring a further motion on notice.

Jurisdiction
Australia
Judgment Date
05 May 2000
Procedural Posture
Federal Court Proceeding Involving Notices of Motion Concerning AMWU Membership Lists and Publication or Distribution of Disputed Material / Determination of Notice of Motion Dated 4 May 2000 and Leave to Issue a Further Notice of Motion
Outcome
Motion on notice dated 4 May 2000 dismissed; applicant granted leave to issue a further notice of motion; Mark Light added as respondent; any further notice of motion to be set down for hearing not before 11.00 am on 10 May 2000.
Legal Topics
['undertakings to the Court' 'amwu Membership List' 'union Rules' 'interlocutory Motion' 'addition of Respondent']
['industrial Law' 'civil Procedure' 'contempt of Court'] ['undertakings to the Court' 'amwu Membership List' 'union Rules' 'interlocutory Motion' 'addition of Respondent']

Case Brief

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Procedural Posture

Federal Court Proceeding Involving Notices of Motion Concerning AMWU Membership Lists and Publication or Distribution of Disputed Material / Determination of Notice of Motion Dated 4 May 2000 and Leave to Issue a Further Notice of Motion

Legal Issues

  1. 1 ["Whether the evidence established a breach of the respondents' undertaking to refrain from using the membership list other than the list provided by the Australian Electoral Commission." 'Whether orders should be made requiring copies of the AMWU membership list held by the respondents to be given to Mr Roe.' 'Whether the applicant should have leave to issue a further notice of motion seeking orders requiring compliance with AMWU rules and decisions of the AMWU National Council.' 'Whether Mark Light should be added as a respondent.']

Ratio Decidendi

The evidence of envelopes received on 1 and 2 May addressed in a way suggesting use of a membership list other than the Australian Electoral Commission list did not establish with the required high degree of persuasiveness that the respondents breached their undertaking, and no union rule was shown to give Mr Roe sole or exclusive custody of any membership list other than that provided by the Australian Electoral Commission; accordingly the 4 May 2000 motion was dismissed while leave was granted to bring a further motion on notice.

Court Disposition

Motion on notice dated 4 May 2000 dismissed; applicant granted leave to issue a further notice of motion; Mark Light added as respondent; any further notice of motion to be set down for hearing not before 11.00 am on 10 May 2000.

Orders

  • ['Upon the respondents by their solicitors undertaking from the giving of the undertaking until 4.15 pm on 10 May 2000 or further order to refrain from distributing the unofficial March 2000 Award Book as identified in Exhibit JS1 to the affidavit of John Speight affirmed 4 May 2000, the motion on notice dated 4 May...