Squires, Richard James v Stephenson, Keith & Ors In the matter of an Application by Flight Stewards Association of Australia pursuant to s 171C of the Act [1983] FCA 65

Squires, Richard James v Stephenson, Keith & Ors In the matter of an Application by Flight Stewards Association of Australia pursuant to s 171C of the Act [1983] FCA 65

Amended Rule 32(b) contravenes s.140(1)(c) by vesting sole power to amend the Association's rules in the Council and not enabling members to initiate amendments; Rule 15(c) contravenes s.140 by permitting notice of general meetings by advertisement in a newspaper; relief under s.171C is refused as the Court should not validate amendments in contravention of s.140. The Court will stand over application V No.6 of 1981 to allow the Association to address the defects, but will make a declaration that Rule 15(d) contravenes s.140(1).

Parties
Applicant: Richard James Squires; Respondents: Keith Stephenson and Ors.; Applicant in N.s.w. No.41 of 1982: Flight Stewards' Association of Australia
Jurisdiction
Australia
Judgment Date
22 April 1983
Procedural Posture
Application / Post Trial; Reasons for Judgment and Orders
Outcome
Application under s.171C (N.S.W. No.41 of 1982) dismissed; orders made in part in V No.6 of 1981; balance of relief stood over for a fixed period; declaration that Rule 15(d) contravenes s.140(1) of the Act made; liberty to apply reserved.
Legal Topics
Registered Organisations, Amendment of Rules, Contravention of Conciliation and Arbitration Act 1904, Validity of Rule Amendment Procedures, Notice Requirements for General Meetings
Industrial Law Registered Organisations Amendment of Rules Contravention of Conciliation and Arbitration Act 1904 Validity of Rule Amendment Procedures Notice Requirements for General Meetings

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Parties

Richard James Squires

Applicant

Keith Stephenson and Ors.

Respondents

Flight Stewards' Association of Australia

Applicant in N.s.w. No.41 of 1982

Procedural Posture

Application / Post Trial; Reasons for Judgment and Orders

Legal Issues

  1. 1 Whether resolutions amending the Association's rules were invalid or a nullity under the Conciliation and Arbitration Act 1904
  2. 2 Whether amended rule procedures and notice provisions contravene s.140 of the Act
  3. 3 Whether the Court should grant relief under s.171C for asserted invalidities in the amendment of rules

Ratio Decidendi

Amended Rule 32(b) contravenes s.140(1)(c) by vesting sole power to amend the Association's rules in the Council and not enabling members to initiate amendments; Rule 15(c) contravenes s.140 by permitting notice of general meetings by advertisement in a newspaper; relief under s.171C is refused as the Court should not validate amendments in contravention of s.140. The Court will stand over application V No.6 of 1981 to allow the Association to address the defects, but will make a declaration that Rule 15(d) contravenes s.140(1).

Court Disposition

Application under s.171C (N.S.W. No.41 of 1982) dismissed; orders made in part in V No.6 of 1981; balance of relief stood over for a fixed period; declaration that Rule 15(d) contravenes s.140(1) of the Act made; liberty to apply reserved.

Orders

  • Application N.S.W. No.41 of 1982 under s.171C dismissed.
  • Orders made in terms of paragraphs 4 and 5(a), (b) of the rule nisi in V No.6 of 1981, requiring respondents (except Association) to treat certain Council resolutions as null and void until duly certified by the Registrar.