Neilson, Richard Wayne v Corsetti, J & Ors [1997] FCA 1276

Neilson, Richard Wayne v Corsetti, J & Ors [1997] FCA 1276

On the proper construction of rules 23, 24 and 47, the applicant was a State Official within the meaning of rule 11.3. Rule 11.3 empowered a State Conference or State Council to exercise the removal power with respect to a State Official, and rule 11.1 and rule 11.3 were not mutually exclusive. The Victorian State Council was therefore empowered by rule 11.3 to hear and determine the charges against the applicant.

Jurisdiction
Australia
Judgment Date
21 November 1997
Procedural Posture
Rule to Show Cause Concerning Compliance With and Construction of Union Rules Under the Workplace Relations Act 1996 / Separate Preliminary Question Determined Pursuant to O 29 of the Federal Court Rules
Outcome
The preliminary question was answered in the affirmative.
Legal Topics
['interpretation of Union Rules' 'removal From Union Office' 'powers of State Council' 'preliminary Question']
['industrial Law' 'workplace Relations' 'registered Organisations'] ['interpretation of Union Rules' 'removal From Union Office' 'powers of State Council' 'preliminary Question']

Case Brief

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Procedural Posture

Rule to Show Cause Concerning Compliance With and Construction of Union Rules Under the Workplace Relations Act 1996 / Separate Preliminary Question Determined Pursuant to O 29 of the Federal Court Rules

Legal Issues

  1. 1 ['Whether the Victorian State Council of the Union was empowered by rule 11.3 of the Rules of the Union to hear and determine charges of gross misbehaviour or gross neglect of duty against the Regional Assistant Secretary/Organiser, Food and Confectionary Division.' 'Whether the applicant was a State Official within the meaning of rule 11.3.' 'Whether rule 11.1 and rule 11.3 were mutually exclusive.']

Ratio Decidendi

On the proper construction of rules 23, 24 and 47, the applicant was a State Official within the meaning of rule 11.3. Rule 11.3 empowered a State Conference or State Council to exercise the removal power with respect to a State Official, and rule 11.1 and rule 11.3 were not mutually exclusive. The Victorian State Council was therefore empowered by rule 11.3 to hear and determine the charges against the applicant.

Court Disposition

The preliminary question was answered in the affirmative.

Orders

  • ['The question referred to the Court for decision is answered: Yes.']