Ward, Leonard Edward & ors v Williams, Hughie & Ors [1984] FCA 60

Ward, Leonard Edward & ors v Williams, Hughie & Ors [1984] FCA 60

There are arguable issues as to whether the Branch Committee of Management resolution breached Union rules regarding appointment of organizers and the powers of the Branch Secretary. The applicants have shown a sufficiently strong likelihood of success regarding the appointment of Mr. Williams as Branch Organizer,...

Source-derived case information.

Parties
Applicant: Leonard Edward Ward; Applicant: Gregory John Ray; Applicant: Lawrence John Turner; Applicant: Brian Stuart Lee; Applicant: Leslie Ronald Lee; Applicant: Roy Leslie Lincoln; Applicant: Donald Lynald Barden; Applicant: Ronald James Potter; Applicant: John Charles Penhallurick; Respondent: Hughie Williams; Respondent: Allan McPaul; Respondent: Clarence Rohweder; Respondent: Gregory Newton; Respondent: Henry Asplin; Respondent: Stuart Crosby; Respondent: David Pearce; Respondent: Mervyn Kendall; Respondent: Peter Thomson; Respondent: John Hinspeter
Jurisdiction
Australia
Judgment Date
28 March 1984
Procedural Posture
Application for Rule Nisi and Interim Orders / Preliminary—grant of Rule Nisi and Interim Relief
Outcome
Rule nisi granted; interim relief granted in part; costs reserved.
Legal Topics
Union Governance, Interpretation of Union Rules, Appointment and Powers of Branch Officers, Interim Injunctive Relief
Industrial Law Union Governance Interpretation of Union Rules Appointment and Powers of Branch Officers Interim Injunctive Relief

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Parties

Leonard Edward Ward

Applicant

Gregory John Ray

Applicant

Lawrence John Turner

Applicant

Brian Stuart Lee

Applicant

Leslie Ronald Lee

Applicant

Roy Leslie Lincoln

Applicant

Donald Lynald Barden

Applicant

Ronald James Potter

Applicant

John Charles Penhallurick

Applicant

Hughie Williams

Respondent

Allan McPaul

Respondent

Clarence Rohweder

Respondent

Gregory Newton

Respondent

Henry Asplin

Respondent

Stuart Crosby

Respondent

David Pearce

Respondent

Mervyn Kendall

Respondent

Peter Thomson

Respondent

John Hinspeter

Respondent

Procedural Posture

Application for Rule Nisi and Interim Orders / Preliminary—grant of Rule Nisi and Interim Relief

Legal Issues

  1. 1 Whether the Branch Committee of Management resolution of 15 March 1984 breached Union rules.
  2. 2 Whether interim relief should be granted restraining implementation of parts of the resolution.
  3. 3 Construction of union rules regarding appointment and powers of officials.

Ratio Decidendi

There are arguable issues as to whether the Branch Committee of Management resolution breached Union rules regarding appointment of organizers and the powers of the Branch Secretary. The applicants have shown a sufficiently strong likelihood of success regarding the appointment of Mr. Williams as Branch Organizer, reporting structure, access to offices, and allocation of staff to warrant interim orders restraining implementation pending hearing.

Court Disposition

Rule nisi granted; interim relief granted in part; costs reserved.

Orders

  • Respondents to appear before Federal Court to show cause why orders should not be made under section 141 of the Conciliation and Arbitration Act 1904 requiring observance of rules 22, 30, 32, 33 and 47 of the Union and orders in terms of sub-paragraphs 1 to 11 inclusive of paragraph A of the application.
  • Pending hearing or further order, respondents restrained from giving effect to those parts of the 15 March 1984 resolution: (1) appointing Brisbane Sub-Branch Secretary Hughie Williams as a Branch Organizer; (2) requiring all Branch Organizers in Brisbane Sub-Branch to report to him; (3) granting him free access to...