Mahony, Patrick John v Petie, Robert Dawson and Australian Bank Employees Union [1979] FCA 107

Mahony, Patrick John v Petie, Robert Dawson and Australian Bank Employees Union [1979] FCA 107

Although the claimant established a prima facie case for entitlement to the electoral roll, the balance of convenience and the practical stage of the election process outweighed the remaining inconvenience to the candidate, thus interim relief was refused.

Parties
Claimant: Patrick John Mahony; Respondent: Robert Dawson Petie; Respondent: Australian Bank Employees Union; Returning Officer: John Poole
Jurisdiction
Australia
Judgment Date
12 September 1979
Procedural Posture
Application Under the Conciliation and Arbitration Act 1904 Ss.140 and 141 / Interlocutory Hearing on Interim Orders
Outcome
Interim order vacated; application for extension of time granted.
Legal Topics
Elections, Inspection of Electoral Roll, Union Rules, Interim Orders
Industrial Law Elections Inspection of Electoral Roll Union Rules Interim Orders

Case Brief

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Parties

Patrick John Mahony

Claimant

Robert Dawson Petie

Respondent

Australian Bank Employees Union

Respondent

John Poole

Returning Officer

Procedural Posture

Application Under the Conciliation and Arbitration Act 1904 Ss.140 and 141 / Interlocutory Hearing on Interim Orders

Legal Issues

  1. 1 Whether a candidate for union office has a right to inspect or obtain a copy of the membership/electoral roll under the certified rules or the Act
  2. 2 Whether the union's refusal to provide a copy of the roll or register breaches ss.140 or 141 of the Conciliation and Arbitration Act 1904 or any requirement of the rules
  3. 3 Whether the court should extend or continue interim orders restraining conduct of the ballot

Ratio Decidendi

Although the claimant established a prima facie case for entitlement to the electoral roll, the balance of convenience and the practical stage of the election process outweighed the remaining inconvenience to the candidate, thus interim relief was refused.

Court Disposition

Interim order vacated; application for extension of time granted.

Orders

  • The interim order made on 7 September and last directed to Mr Poole, the organization, and Mr Petie is vacated.
  • Time for compliance with r.15(d) of the rules is extended until 5 p.m. on 12 September 1979.