Federated Liquor & Allied Industry Employees Union of Australia., Application by Shirley Mellor for inquiry into election in the [1986] FCA 668

Federated Liquor & Allied Industry Employees Union of Australia., Application by Shirley Mellor for inquiry into election in the [1986] FCA 668

Given concession and agreement between all interested parties, Court found irregularities had occurred that may affect the election results, declared the original ballot void and ordered the conduct of a fresh ballot by secret postal method in compliance with statutory requirements.

Source-derived case information.

Parties
Applicant: Shirley Mellor; Candidate: Mr. Bell; Candidate: Ms. Que; Candidate: Messrs. Elton; Candidate: Messrs. Hardie; Respondent: Australian Electoral Commission; Organization: Federated Liquor and Allied Industries Employees Union of Australia
Jurisdiction
Australia
Judgment Date
26 November 1986
Procedural Posture
Election Inquiry / Judgment
Outcome
Ballot declared void; fresh ballot ordered.
Legal Topics
Registered Organization, Election Irregularities, Secret Postal Ballot
Industrial Law Registered Organization Election Irregularities Secret Postal Ballot

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shirley Mellor

Applicant

Mr. Bell

Candidate

Ms. Que

Candidate

Messrs. Elton

Candidate

Messrs. Hardie

Candidate

Australian Electoral Commission

Respondent

Federated Liquor and Allied Industries Employees Union of Australia

Organization

Procedural Posture

Election Inquiry / Judgment

Legal Issues

  1. 1 Whether irregularities occurred in or in connection with the election.
  2. 2 Whether a new election or new ballot should be ordered.
  3. 3 Appropriate form of orders regarding future elections.

Ratio Decidendi

Given concession and agreement between all interested parties, Court found irregularities had occurred that may affect the election results, declared the original ballot void and ordered the conduct of a fresh ballot by secret postal method in compliance with statutory requirements.

Court Disposition

Ballot declared void; fresh ballot ordered.

Orders

  • The ballot conducted for State Secretary-Treasurer and Assistant State Secretary in July 1986 is void.
  • Industrial Registrar to arrange a fresh ballot between 1st and 30th April 1987 for existing candidates who wish to continue.