Spanswick, Robert Grant v. Gorman, Michael Joseph & Ors [1979] FCA 69

Spanswick, Robert Grant v. Gorman, Michael Joseph & Ors [1979] FCA 69

The Court found that incurable irregularities existed in the organisation's rules and management, and that validation under s.171c was required but should be conditional upon the adoption of specific amendments to address concerns about particular rules. The Court articulated what amendments would be appropriate and invited submission of rules in that form for validation.

Parties
Claimant: Robert Grant Spanswick; Respondent: Michael Joseph Gorman; Respondent: Harold Taylor; Respondent: Cecil Clarke; Respondent: Barry Beckerley; Respondent: Peter Phillip Bennett; Respondent: Albert Nihot; Respondent: Gerald Weight; Respondent: Robert Moore; Respondent: D. Kennedy; Respondent: The Customs Officers' Association of Australia (Fourth Division); Intervener: Mr. Bennett
Jurisdiction
Australia
Judgment Date
11 July 1979
Procedural Posture
Application / Interlocutory/interim/adjournment and Reasons for Judgment
Outcome
Adjourned pending submission of amended rules for validation
Legal Topics
Validity of Organisation Rules, Union Election Procedures, Powers of Federal Conference and Executive, Court Validation of Union Rules
Industrial Law Validity of Organisation Rules Union Election Procedures Powers of Federal Conference and Executive Court Validation of Union Rules

Case Brief

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Parties

Robert Grant Spanswick

Claimant

Michael Joseph Gorman

Respondent

Harold Taylor

Respondent

Cecil Clarke

Respondent

Barry Beckerley

Respondent

Peter Phillip Bennett

Respondent

Albert Nihot

Respondent

Gerald Weight

Respondent

Robert Moore

Respondent

D. Kennedy

Respondent

The Customs Officers' Association of Australia (Fourth Division)

Respondent

Mr. Bennett

Intervener

Procedural Posture

Application / Interlocutory/interim/adjournment and Reasons for Judgment

Legal Issues

  1. 1 Whether the organization's rules contravened the Conciliation and Arbitration Act, 1904
  2. 2 Whether irregularities in the management and rules required court intervention and validation
  3. 3 What amendments or requirements should be imposed for valid rules under the Act

Ratio Decidendi

The Court found that incurable irregularities existed in the organisation's rules and management, and that validation under s.171c was required but should be conditional upon the adoption of specific amendments to address concerns about particular rules. The Court articulated what amendments would be appropriate and invited submission of rules in that form for validation.

Court Disposition

Adjourned pending submission of amended rules for validation

Orders

  • The matter be adjourned to a date to be fixed in all three applications.
  • If rules in the form indicated by the Court are submitted, the Court will validate those rules and the other rules in Exhibit B annexed to Mr. Gorman's affidavit sworn on 28 March 1979.