In the matter of an Application by Kevin Maher under Section 218 of the Workplace Relations Act 1996 in relation to elections in National Construction Branch of the Australian Workers' Union [1997] FCA 1622

In the matter of an Application by Kevin Maher under Section 218 of the Workplace Relations Act 1996 in relation to elections in National Construction Branch of the Australian Workers' Union [1997] FCA 1622

Given the brevity of the term to be filled and the evidence relied on by the applicant—though not fully challenged—the Court exercised its discretion to terminate the inquiry pursuant to s. 223(5); the applicant's actions were deemed reasonable and certified under s. 343.

Parties
Applicant: Kevin Maher; Respondents: Busby, Patterson and Gries; Other Party: Australian Electoral Commission
Jurisdiction
Australia
Judgment Date
05 May 1997
Procedural Posture
Application Under Workplace Relations Act 1996 / Judgment on Inquiry Termination
Outcome
Inquiry terminated. Orders made vacating previous directions and certifying applicant acted reasonably.
Legal Topics
Union Elections, Workplace Governance, Electoral Roll Irregularities
Industrial Law Union Elections Workplace Governance Electoral Roll Irregularities

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 3 Party arguments 1
Sign in to unlock

Parties

Kevin Maher

Applicant

Busby, Patterson and Gries

Respondents

Australian Electoral Commission

Other Party

Procedural Posture

Application Under Workplace Relations Act 1996 / Judgment on Inquiry Termination

Legal Issues

  1. 1 Whether irregularities in the voter rolls for election to fill casual vacancies in the National Construction Branch of the Australian Workers' Union warranted court intervention

Ratio Decidendi

Given the brevity of the term to be filled and the evidence relied on by the applicant—though not fully challenged—the Court exercised its discretion to terminate the inquiry pursuant to s. 223(5); the applicant's actions were deemed reasonable and certified under s. 343.

Court Disposition

Inquiry terminated. Orders made vacating previous directions and certifying applicant acted reasonably.

Orders

  • That the directions made by Justice Ryan on 28 February 1997 be vacated.
  • That the inquiry be terminated.