Ward, Leonard & Ors v Williams, Hughie & Ors [1982] FCA 299

Ward, Leonard & Ors v Williams, Hughie & Ors [1982] FCA 299

The applicants failed to show that Sub-Rule 47(c)(ii) empowered the Branch Committee of Management to rescind the executed appointment of Hughie Williams and terminate his appointment for the future. Because Williams had not validly ceased to be entitled to hold office, no casual vacancy existed under Rule 34 for the appointment of Leonard Ward. Interlocutory relief was therefore refused.

Jurisdiction
Australia
Judgment Date
17 December 1982
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 for Orders That Respondents Observe and Perform Rules of a Registered Organisation / Application for a Rule Nisi and Interlocutory Orders
Outcome
Application dismissed; interlocutory relief refused.
Legal Topics
['union Rules' 'branch Committee of Management' 'casual Vacancy' 'reconsideration of Resolution' 'removal of Branch Secretary' 'interlocutory Relief']
['industrial Conciliation and Arbitration' 'registered Organisations'] ['union Rules' 'branch Committee of Management' 'casual Vacancy' 'reconsideration of Resolution' 'removal of Branch Secretary' 'interlocutory Relief']

Case Brief

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Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 for Orders That Respondents Observe and Perform Rules of a Registered Organisation / Application for a Rule Nisi and Interlocutory Orders

Legal Issues

  1. 1 ['Whether the Branch Committee of Management had power under Sub-Rule 47(c)(ii) to reconsider and rescind the earlier executed resolution appointing Hughie Williams as Branch Secretary.' 'Whether a casual vacancy existed under Rule 34 enabling the Branch Committee of Management to appoint Leonard Ward as Branch Secretary.' 'Whether interlocutory relief should be granted requiring Hughie Williams to cease acting as Branch Secretary and to deliver branch property to Leonard Ward.']

Ratio Decidendi

The applicants failed to show that Sub-Rule 47(c)(ii) empowered the Branch Committee of Management to rescind the executed appointment of Hughie Williams and terminate his appointment for the future. Because Williams had not validly ceased to be entitled to hold office, no casual vacancy existed under Rule 34 for the appointment of Leonard Ward. Interlocutory relief was therefore refused.

Court Disposition

Application dismissed; interlocutory relief refused.

Orders

  • ['The application is dismissed.']