Prentice v Amalgamated Mining Employes' Association of Victoria and Tasmania [1912] HCA 37

Prentice v Amalgamated Mining Employes' Association of Victoria and Tasmania [1912] HCA 37

A member of a branch was not directly liable to the Association for a levy made on the branch under the rules; the appellant had no agreement binding him to pay the Association directly. Therefore, the Association could not recover the levy from the member under sec. 68 of the Act.

Parties
Appellant: Josiah Prentice; Respondents: The Amalgamated Mining Employés' Association of Victoria and Tasmania
Jurisdiction
Australia
Judgment Date
31 May 1912
Procedural Posture
Appeal / On Appeal From a Court of Petty Sessions of Victoria
Outcome
appeal allowed
Legal Topics
Union Levies, Federal Jurisdiction, Appeals Procedure
Employment Law Industrial Law Union Levies Federal Jurisdiction Appeals Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Josiah Prentice

Appellant

The Amalgamated Mining Employés' Association of Victoria and Tasmania

Respondents

Procedural Posture

Appeal / On Appeal From a Court of Petty Sessions of Victoria

Legal Issues

  1. 1 Whether a member of a branch was liable to the Association for levies imposed on the branch under the Association's rules and sec. 68 of the Commonwealth Conciliation and Arbitration Act 1904
  2. 2 Whether an appeal lies to the High Court by way of order to review where the sum involved is less than £5
  3. 3 Whether procedural objections (such as the jurat in the affidavit) prevent the hearing of the appeal

Ratio Decidendi

A member of a branch was not directly liable to the Association for a levy made on the branch under the rules; the appellant had no agreement binding him to pay the Association directly. Therefore, the Association could not recover the levy from the member under sec. 68 of the Act.

Court Disposition

appeal allowed

Orders

  • Complaint dismissed with costs.
  • Respondents to pay costs.