Application by Linehan, Desmond Lawrence under s.144 re Keogh, Terence Charles and Federated Clerks Uniion of Australia [1979] FCA 103

Application by Linehan, Desmond Lawrence under s.144 re Keogh, Terence Charles and Federated Clerks Uniion of Australia [1979] FCA 103

The application was dismissed because s.144 did not apply to Mr. Keogh, who had not entered the Union through an application under that section; in any event he had not complied with the rules because he had not paid contributions since removal from the register. The Court also found that he was not engaged in a clerical capacity in his present employment and therefore was not eligible for membership under the Union's rules, and that the Union had proved he was of general bad character by reason of his union election misconduct and his urging of falsified expenses claims.

Jurisdiction
Australia
Judgment Date
19 October 1979
Procedural Posture
Application Under S.144 of the Conciliation and Arbitration Act, 1904 for a Declaration as to Entitlement to Remain a Member of an Organization / Hearing and Reasons for Judgment
Outcome
Application dismissed; no order for costs.
Legal Topics
['union Membership' 'eligibility for Membership' 'general Bad Character' 'clerical Capacity' 'conciliation and Arbitration Act, 1904 S.144' 'costs in Industrial Proceedings']
['industrial Law'] ['union Membership' 'eligibility for Membership' 'general Bad Character' 'clerical Capacity' 'conciliation and Arbitration Act, 1904 S.144' 'costs in Industrial Proceedings']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application Under S.144 of the Conciliation and Arbitration Act, 1904 for a Declaration as to Entitlement to Remain a Member of an Organization / Hearing and Reasons for Judgment

Legal Issues

  1. 1 ['Whether s.144 applied to a person who joined the Union otherwise than by use of s.144 and whose membership was later removed under the rules.' 'Whether Mr. Keogh was included in a category of persons eligible for membership of the Union as a person engaged in a clerical capacity.' 'Whether Mr. Keogh was of general bad character.' 'Whether costs should be ordered under s.197A.']

Ratio Decidendi

The application was dismissed because s.144 did not apply to Mr. Keogh, who had not entered the Union through an application under that section; in any event he had not complied with the rules because he had not paid contributions since removal from the register. The Court also found that he was not engaged in a clerical capacity in his present employment and therefore was not eligible for membership under the Union's rules, and that the Union had proved he was of general bad character by reason of his union election misconduct and his urging of falsified expenses claims.

Court Disposition

Application dismissed; no order for costs.

Orders

  • ['The application be dismissed.' 'No order for costs.']