Prichard, Michael Anthony v Krantz, Harry David & Ors [1983] FCA 352

Prichard, Michael Anthony v Krantz, Harry David & Ors [1983] FCA 352

The Branch Executive of the S.A. Branch validly exercised its powers under Branch Rule 11 to remove the applicant's name from the register after due notice and a failure to show cause. The relevant rules and meeting procedures did not contravene s.140(1) of the Act, and no denial of natural justice occurred as the applicant expressly declined to show cause.

Parties
Applicant: Michael Anthony Prichard; Respondent: Harry David Krantz; Respondent: Leslie Richard Haseldine; Respondent: Albert Fellowes; Respondent: Peter David Summerton; Respondent: Frederick Edward Priest; Respondent: H.J. Darroch; Respondent: N. Nelson; Respondent: M.J. O'Sullivan; Respondent: Joan Riordan; Respondent: B. Ashe; Respondent: K. Glover; Respondent: Michael Bourke; Respondent: F.J. Finlay; Respondent: J.F. Harding; Respondent: M. Strangeward; Respondent: B. Spears; Respondent: D. Fry; Respondent: D. Edge; Respondent: A.M. Lawless; Respondent: Vince Higgins; Respondent: L.T. Haufe; Respondent: F.J. Abel; Respondent: R.J. Wasson; Respondent: Terry Sullivan; Respondent: John Peter Maynes; Respondent: J.D. Cameron
Jurisdiction
Australia
Judgment Date
29 November 1983
Procedural Posture
Application Under S.141 of the Conciliation and Arbitration Act 1904 / Order on Rule to Show Cause—final Judgment
Outcome
Rule to show cause discharged (insofar as paragraphs (b) and (c) are concerned)
Legal Topics
Union Membership Removal, Validity of Union Executive Decisions
Employment Industrial Law Union Membership Removal Validity of Union Executive Decisions

Case Brief

Summary, issues, holding and outcome

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Parties

Michael Anthony Prichard

Applicant

Harry David Krantz

Respondent

Leslie Richard Haseldine

Respondent

Albert Fellowes

Respondent

Peter David Summerton

Respondent

Frederick Edward Priest

Respondent

H.J. Darroch

Respondent

N. Nelson

Respondent

M.J. O'Sullivan

Respondent

Joan Riordan

Respondent

B. Ashe

Respondent

K. Glover

Respondent

Michael Bourke

Respondent

F.J. Finlay

Respondent

J.F. Harding

Respondent

M. Strangeward

Respondent

B. Spears

Respondent

D. Fry

Respondent

D. Edge

Respondent

A.M. Lawless

Respondent

Vince Higgins

Respondent

L.T. Haufe

Respondent

F.J. Abel

Respondent

R.J. Wasson

Respondent

Terry Sullivan

Respondent

John Peter Maynes

Respondent

J.D. Cameron

Respondent

Procedural Posture

Application Under S.141 of the Conciliation and Arbitration Act 1904 / Order on Rule to Show Cause—final Judgment

Legal Issues

  1. 1 Whether the removal of the applicant's name from the register of the Federated Clerks' Union of Australia, South Australian Branch, was valid under branch rules and the Act
  2. 2 Whether the relevant Branch Rules contravened s.140(1) of the Conciliation and Arbitration Act 1904
  3. 3 Whether the applicant was denied natural justice

Ratio Decidendi

The Branch Executive of the S.A. Branch validly exercised its powers under Branch Rule 11 to remove the applicant's name from the register after due notice and a failure to show cause. The relevant rules and meeting procedures did not contravene s.140(1) of the Act, and no denial of natural justice occurred as the applicant expressly declined to show cause.

Court Disposition

Rule to show cause discharged (insofar as paragraphs (b) and (c) are concerned)

Orders

  • The rule to show cause, insofar as paragraphs (b) and (c) thereof are concerned, be discharged.