Ure v Hooper [1988] FCA 321

Ure v Hooper [1988] FCA 321

Notices convening special meetings by advertisement in a newspaper for Newcastle, Sydney, and Melbourne branches did not allow the requisite 'three clear days' notice in accordance with rule 80; therefore, meetings were not validly convened under the rules. Orders should only be made against the Federal Secretary, as evidence did not support making orders against other respondents.

Parties
Applicant: Keith Wayne Johnstone; Respondent: David J. Hooper; Respondent: David Bloom; Respondent: Ian Morgan; Respondent: Edward R. Stoneham; Respondent: Simon Collins; Respondent: John P. Jones; Applicant: Warren Ure; Respondent: William P. (Bill) Jones; Respondent: Alexander R. Peate; Respondent: Dannie Robert Davidson; Respondent: John David Chaplin; Respondent: Cheryl O'Keefe; Applicant: William Gordon Twyman
Jurisdiction
Australia
Judgment Date
24 June 1988
Procedural Posture
Rule to Show Cause Proceedings / Judgment After Hearing of Joined Matters (undefended)
Outcome
Relief granted to applicants; orders made against Federal Secretary.
Legal Topics
Registered Organisation Rules, Compliance With Rules, Notice Requirements for Meetings, Special General Meetings, Affidavit Evidence Procedure, Hearsay in Affidavits
Industrial Law Registered Organisation Rules Compliance With Rules Notice Requirements for Meetings Special General Meetings Affidavit Evidence Procedure Hearsay in Affidavits

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Parties

Keith Wayne Johnstone

Applicant

David J. Hooper

Respondent

David Bloom

Respondent

Ian Morgan

Respondent

Edward R. Stoneham

Respondent

Simon Collins

Respondent

John P. Jones

Respondent

Warren Ure

Applicant

William P. (Bill) Jones

Respondent

Alexander R. Peate

Respondent

Dannie Robert Davidson

Respondent

John David Chaplin

Respondent

Cheryl O'Keefe

Respondent

William Gordon Twyman

Applicant

Procedural Posture

Rule to Show Cause Proceedings / Judgment After Hearing of Joined Matters (undefended)

Legal Issues

  1. 1 Whether notices convening special general meetings of branches complied with the rules of the Musicians' Union of Australia
  2. 2 Whether advertisements constituted valid notice under rule 80
  3. 3 Whether the required 'three clear days' notice was given

Ratio Decidendi

Notices convening special meetings by advertisement in a newspaper for Newcastle, Sydney, and Melbourne branches did not allow the requisite 'three clear days' notice in accordance with rule 80; therefore, meetings were not validly convened under the rules. Orders should only be made against the Federal Secretary, as evidence did not support making orders against other respondents.

Court Disposition

Relief granted to applicants; orders made against Federal Secretary.

Orders

  • Federal Secretary, David J. Hooper, to refrain from treating the specified newspaper advertisements as valid notices convening special meetings of branches of the Musicians' Union of Australia.
  • Federal Secretary to refrain from treating any meeting held in response to such advertisements as valid meetings held in accordance with the Union rules.