In the Matter of an Application by Prichard, Michael Anthony for an inquiry into an Election in the South Australian Branch of the Federated Clerks Union of Australia [1985] FCA 155

In the Matter of an Application by Prichard, Michael Anthony for an inquiry into an Election in the South Australian Branch of the Federated Clerks Union of Australia [1985] FCA 155

An inquiry into a union election under Part IX of the Conciliation and Arbitration Act 1904 is not a 'civil proceeding' for the purposes of s. 60(2) of the Bankruptcy Act 1966 and is not stayed by bankruptcy. A motion for contempt is a separate proceeding and may proceed regardless of bankruptcy. The bankrupt applicant retains the right to make such an application for contempt as it is not property divisible among creditors.

Parties
Applicant: Michael Anthony Prichard; Trustee in Bankruptcy: Kevin Michael Pipkin; Counsel for Alleged Contemnors: Ward
Jurisdiction
Australia
Judgment Date
26 February 1985
Procedural Posture
Application for Inquiry Into Union Election / Judgment on Effect of Bankruptcy and Contempt Proceedings
Outcome
Application and contempt motion to proceed
Legal Topics
Inquiry Into Union Election, Effect of Bankruptcy on Civil Proceedings, Contempt Proceedings Arising From Court Inquiry
Industrial Law Bankruptcy Law Contempt of Court Inquiry Into Union Election Effect of Bankruptcy on Civil Proceedings Contempt Proceedings Arising From Court Inquiry

Case Brief

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Parties

Michael Anthony Prichard

Applicant

Kevin Michael Pipkin

Trustee in Bankruptcy

Ward

Counsel for Alleged Contemnors

Procedural Posture

Application for Inquiry Into Union Election / Judgment on Effect of Bankruptcy and Contempt Proceedings

Legal Issues

  1. 1 Whether an inquiry into a union election is a 'civil proceeding' stayed by bankruptcy under s. 60(2) of the Bankruptcy Act 1966
  2. 2 Whether the inquiry continues after bankruptcy of applicant
  3. 3 Whether bankrupt has right to take proceedings for contempt of court

Ratio Decidendi

An inquiry into a union election under Part IX of the Conciliation and Arbitration Act 1904 is not a 'civil proceeding' for the purposes of s. 60(2) of the Bankruptcy Act 1966 and is not stayed by bankruptcy. A motion for contempt is a separate proceeding and may proceed regardless of bankruptcy. The bankrupt applicant retains the right to make such an application for contempt as it is not property divisible among creditors.

Court Disposition

Application and contempt motion to proceed

Orders

  • Inquiry into union election will proceed
  • Motion for contempt of court will proceed