Re Collins; Ex parte Hockings [1989] HCA 42

Re Collins; Ex parte Hockings [1989] HCA 42

Activities by which candidates or persons acting in their interests seek, by advocacy or by promoting or publicising advocacy, to influence voters in deciding for whom to vote do not constitute an irregularity in or in connexion with an election under the Act, even if they may involve a breach of union rules. The alleged use of B.W.I.U. personnel and resources concerned electioneering and could affect only voting intentions, not the formal election processes or full and free recording of votes. Gray J.'s order setting aside the subpoenas was therefore correct in law, and mandamus and certiorari were not available.

Jurisdiction
Australia
Procedural Posture
High Court Proceeding on an Order Nisi for Certiorari, Mandamus and Prohibition Arising From a Federal Court Inquiry Into a Union Election / Return of Order Nisi
Outcome
Order nisi discharged.
Legal Topics
['prerogative Writs' 'union Election Inquiry' 'irregularity in or in Connexion With an Election' 'secret Ballot' 'use of Union Resources in Electioneering']
['constitutional Law' 'industrial Law' 'administrative Law'] ['prerogative Writs' 'union Election Inquiry' 'irregularity in or in Connexion With an Election' 'secret Ballot' 'use of Union Resources in Electioneering']

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Procedural Posture

High Court Proceeding on an Order Nisi for Certiorari, Mandamus and Prohibition Arising From a Federal Court Inquiry Into a Union Election / Return of Order Nisi

Legal Issues

  1. 1 ['Whether the alleged use of union officials, staff, offices, funds and resources to support the B.W.I.U. Official Leadership Team while denying or potentially denying like assistance to the B.W.I.U. Reform Group was capable of constituting an irregularity in or in connexion with an election under Pt IX of the Conciliation and Arbitration Act 1904 Cth.' "Whether Gray J.'s setting aside of subpoenas relevant to that allegation involved legal error or a prospective refusal to exercise jurisdiction warranting mandamus and certiorari."]

Ratio Decidendi

Activities by which candidates or persons acting in their interests seek, by advocacy or by promoting or publicising advocacy, to influence voters in deciding for whom to vote do not constitute an irregularity in or in connexion with an election under the Act, even if they may involve a breach of union rules. The alleged use of B.W.I.U. personnel and resources concerned electioneering and could affect only voting intentions, not the formal election processes or full and free recording of votes. Gray J.'s order setting aside the subpoenas was therefore correct in law, and mandamus and certiorari were not available.

Court Disposition

Order nisi discharged.

Orders

  • ['Order nisi for certiorari, mandamus and prohibition discharged.']