Walker, Judith v K.H. McLeod & ors [1984] FCA 84

Walker, Judith v K.H. McLeod & ors [1984] FCA 84

The new rule regulating removal of branch officers (rule 46) came into effect on 15 February 1984, replacing the previous rule (rule 47) with no provision for incomplete business. The process relating to the applicant's removal had not progressed beyond notice of intention to move resolutions prior to 15 February 1984. Therefore, the resolutions passed at the 24 February meeting, purportedly under old rule 47, were made under a defunct rule and are null and void. Relief should not be denied on discretionary grounds given serious procedural prejudice to the applicant.

Jurisdiction
Australia
Judgment Date
06 April 1984
Procedural Posture
Application Under S.141 of Conciliation and Arbitration Act, 1904 / Final Judgment and Orders
Outcome
Application granted
Legal Topics
['union Rules' 'removal of Officer' 'prospective Vs Retrospective Operation of Rules' 'statutory Construction' 'natural Justice']
['industrial Law'] ['union Rules' 'removal of Officer' 'prospective Vs Retrospective Operation of Rules' 'statutory Construction' 'natural Justice']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S.141 of Conciliation and Arbitration Act, 1904 / Final Judgment and Orders

Legal Issues

  1. 1 ["Whether resolutions removing the applicant from office were valid under the Union's rules as amended" 'Whether new rules applied retrospectively to proceedings commenced under previous rules' 'Whether Union compliance with procedural requirements was satisfied']

Ratio Decidendi

The new rule regulating removal of branch officers (rule 46) came into effect on 15 February 1984, replacing the previous rule (rule 47) with no provision for incomplete business. The process relating to the applicant's removal had not progressed beyond notice of intention to move resolutions prior to 15 February 1984. Therefore, the resolutions passed at the 24 February meeting, purportedly under old rule 47, were made under a defunct rule and are null and void. Relief should not be denied on discretionary grounds given serious procedural prejudice to the applicant.

Court Disposition

Application granted

Orders

  • ['Respondents to observe the rules of the Australian Insurance Employees Union by recognising the applicant as continuing to occupy the offices of New South Wales Branch Secretary and additional Delegate to the Federal Executive, with all associated rights and duties.' 'Respondents to treat as null, void, and of no...