Matter of an application by Patterson, M. inquiry into elections Association of Railway Pro Officers of Australia [1987] FCA 341

Matter of an application by Patterson, M. inquiry into elections Association of Railway Pro Officers of Australia [1987] FCA 341

Irregularities did occur in the conduct of the elections in relation to duplicate ballot papers, blank envelopes, and inaccuracies in the roll of voters; given the number and possible effect of those irregularities—especially considering the small margins in the elections—the results may have been affected. Therefore, the subject ballots are void and new ballots are ordered among the existing candidates or such of them as wish to continue.

Parties
Applicant: Michael Patterson; Respondent/candidate (general Treasurer): James Vyner Snow; Respondent/candidate (general Secretary): John Richard William Robertson; Candidate (general Secretary): Gregory Norman Woodward; Interested Party: Australian Electoral Commission; Respondent/organization: Association of Railway Professional Officers of Australia
Jurisdiction
Australia
Judgment Date
16 June 1987
Procedural Posture
Application for Inquiry Into Union Elections / Judgment and Orders After Inquiry
Outcome
Ballot(s) declared void; new ballot to be conducted.
Legal Topics
Elections in Registered Organisations, Irregularities in Elections, Application of Conciliation and Arbitration Act
Industrial Law Elections in Registered Organisations Irregularities in Elections Application of Conciliation and Arbitration Act

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Parties

Michael Patterson

Applicant

James Vyner Snow

Respondent/candidate (general Treasurer)

John Richard William Robertson

Respondent/candidate (general Secretary)

Gregory Norman Woodward

Candidate (general Secretary)

Australian Electoral Commission

Interested Party

Association of Railway Professional Officers of Australia

Respondent/organization

Procedural Posture

Application for Inquiry Into Union Elections / Judgment and Orders After Inquiry

Legal Issues

  1. 1 Whether irregularities occurred in union elections for General Treasurer and General Secretary positions
  2. 2 Whether any irregularity may have affected the result of the election
  3. 3 What orders should be made as a result of irregularities

Ratio Decidendi

Irregularities did occur in the conduct of the elections in relation to duplicate ballot papers, blank envelopes, and inaccuracies in the roll of voters; given the number and possible effect of those irregularities—especially considering the small margins in the elections—the results may have been affected. Therefore, the subject ballots are void and new ballots are ordered among the existing candidates or such of them as wish to continue.

Court Disposition

Ballot(s) declared void; new ballot to be conducted.

Orders

  • The ballots held between 1 September and 18 September 1986 for General Treasurer and General Secretary are declared void.
  • James Vyner Snow has not been elected as General Treasurer.