Scott, R.J. & Ors v Jess, Michael Patrick [1984] FCA 322

Scott, R.J. & Ors v Jess, Michael Patrick [1984] FCA 322

In the absence of clear evidence of bad faith, ulterior purpose, or a specific resolution to misuse resources, the material published related to matters of general union interest, not electoral advantage, and the orders sought were overbroad and uncertain. While the Court had jurisdiction under s.141 to entertain claims concerning implied rules and fair elections, the orders made in this case exceeded what was appropriate or substantiated by the factual findings. The Court set aside the orders restraining publication and allowed the appeal in respect of those orders.

Parties
Appellants: R.J. Scott and Others; Respondent: Michael Patrick Jess
Jurisdiction
Australia
Judgment Date
05 October 1984
Procedural Posture
Appeals From Orders Under S.141 of the Conciliation and Arbitration Act 1904 / Appeal Judgment; Orders Disposing of Appeals
Outcome
Appeal in N.S.W. No. 11 of 1984 dismissed; appeal in N.S.W. No. 14 of 1984 allowed. Orders made on 30 March 1984 set aside and corresponding rule nisi discharged.
Legal Topics
Registered Organisations, Union Election Conduct, Use of Union Resources in Elections, Jurisdiction of Federal Court Under Conciliation and Arbitration Act, Perpetual Injunctions
Industrial Law Registered Organisations Union Election Conduct Use of Union Resources in Elections Jurisdiction of Federal Court Under Conciliation and Arbitration Act Perpetual Injunctions

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Parties

R.J. Scott and Others

Appellants

Michael Patrick Jess

Respondent

Procedural Posture

Appeals From Orders Under S.141 of the Conciliation and Arbitration Act 1904 / Appeal Judgment; Orders Disposing of Appeals

Legal Issues

  1. 1 Whether the use of union funds and resources to publish material during elections supporting or opposing particular candidates contravenes the rules of the union or the Act
  2. 2 Whether the Federal Court had jurisdiction under s.141 to restrain publication of such materials absent a specific rule prohibition
  3. 3 Scope and appropriateness of orders the Court can make under s.141

Ratio Decidendi

In the absence of clear evidence of bad faith, ulterior purpose, or a specific resolution to misuse resources, the material published related to matters of general union interest, not electoral advantage, and the orders sought were overbroad and uncertain. While the Court had jurisdiction under s.141 to entertain claims concerning implied rules and fair elections, the orders made in this case exceeded what was appropriate or substantiated by the factual findings. The Court set aside the orders restraining publication and allowed the appeal in respect of those orders.

Court Disposition

Appeal in N.S.W. No. 11 of 1984 dismissed; appeal in N.S.W. No. 14 of 1984 allowed. Orders made on 30 March 1984 set aside and corresponding rule nisi discharged.

Orders

  • Appeal in No. 11 dismissed.
  • Appeal in No. 14 allowed; orders of 30 March 1984 set aside; the rule nisi discharged in so far as it related to those orders.