Dodd v Johnston [1999] FCA 496

Dodd v Johnston [1999] FCA 496

Although invincible bias was not shown on the present evidence and the Court would otherwise have been minded to allow the State Council meeting to proceed, the rule changes made on 2 March 1999 raised a real question whether the charging process commenced under the old rules had been overtaken or rendered invalid. Since no urgency for the 17 March 1999 hearing was shown, the fairest and most convenient temporary course was to amend the rule to show cause and restrain the State Council from hearing and determining the charges until 4.30 pm on 29 March 1999 or further order, with liberty to apply.

Jurisdiction
Australia
Judgment Date
15 March 1999
Procedural Posture
Industrial Law Proceeding Involving S 209 of the Workplace Relations Act 1996 (cth) Concerning Rules of a Registered Organisation / Application to Amend Rule to Show Cause and for Interlocutory Relief
Outcome
Rule to show cause amended and interlocutory relief granted restraining the State Council from hearing and determining the charges until 4.30 pm on 29 March 1999 or further order.
Legal Topics
['registered Organisation Rules' 'interlocutory Relief' 'domestic Tribunals' 'bias' 'natural Justice' 'legal Representation' 'disciplinary Charges Against Union Office Holder']
['industrial Law' 'administrative Law'] ['registered Organisation Rules' 'interlocutory Relief' 'domestic Tribunals' 'bias' 'natural Justice' 'legal Representation' 'disciplinary Charges Against Union Office Holder']

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Procedural Posture

Industrial Law Proceeding Involving S 209 of the Workplace Relations Act 1996 (cth) Concerning Rules of a Registered Organisation / Application to Amend Rule to Show Cause and for Interlocutory Relief

Legal Issues

  1. 1 ['Whether the rule to show cause should be amended to challenge the State Council resolution to rehear and determine the charges against the applicant.' 'Whether interlocutory relief should restrain the State Council from hearing and determining the charges on 17 March 1999.' 'Whether the State Council was affected by invincible bias or political animosity against the applicant.' 'Whether denial of legal representation and other alleged defects denied the applicant a fair hearing.' 'Whether rule changes made on 2 March 1999 raised a real question that the charging process under the old rules had been overtaken or invalidated.']

Ratio Decidendi

Although invincible bias was not shown on the present evidence and the Court would otherwise have been minded to allow the State Council meeting to proceed, the rule changes made on 2 March 1999 raised a real question whether the charging process commenced under the old rules had been overtaken or rendered invalid. Since no urgency for the 17 March 1999 hearing was shown, the fairest and most convenient temporary course was to amend the rule to show cause and restrain the State Council from hearing and determining the charges until 4.30 pm on 29 March 1999 or further order, with liberty to apply.

Court Disposition

Rule to show cause amended and interlocutory relief granted restraining the State Council from hearing and determining the charges until 4.30 pm on 29 March 1999 or further order.

Orders

  • ['The rule to show cause be amended in terms of the draft document submitted by the applicant.' 'Until 4.30 pm on 29 March 1999 or further order, the State Council of the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union refrain from hearing and determining the charges brought by Mr...