Bingham, W.M. v. Gallagher, N.L. & Ors [1985] FCA 451

Bingham, W.M. v. Gallagher, N.L. & Ors [1985] FCA 451

Due to the pendency of Mr. Gallagher's appeal and the absence of evidence justifying leave for his candidacy, and in view of the statutory framework which does not contemplate interim candidacy, the Court declines to make a declaration of ineligibility at this time but grants interlocutory restraints to preserve the status quo and prevent the declaration of the election result for Branch Secretary until further order, aligning with the statutory purpose and discretionary considerations.

Parties
Applicant: William Martin Bingham; Respondent: Norman Leslie Gallagher; Respondent: Australian Building Construction Employees' and Builders' Labourers' Federation; Respondent: David Pillar
Jurisdiction
Australia
Judgment Date
03 September 1985
Procedural Posture
Application for Interlocutory Relief and Declarations Under Industrial Law / Interlocutory (interim Orders and Adjournment Pending Appeal)
Outcome
Application for interlocutory injunctions granted; application for declaration of ineligibility adjourned; undertakings released upon compliance with orders; liberty to apply to dissolve injunctions on notice; costs reserved.
Legal Topics
Prescribed Convictions, Eligibility for Union Office, Interlocutory Relief, Election Disputes, Injunctions, Appeal Effect on Conviction
Industrial Law Prescribed Convictions Eligibility for Union Office Interlocutory Relief Election Disputes Injunctions Appeal Effect on Conviction

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Parties

William Martin Bingham

Applicant

Norman Leslie Gallagher

Respondent

Australian Building Construction Employees' and Builders' Labourers' Federation

Respondent

David Pillar

Respondent

Procedural Posture

Application for Interlocutory Relief and Declarations Under Industrial Law / Interlocutory (interim Orders and Adjournment Pending Appeal)

Legal Issues

  1. 1 Whether a person convicted of a prescribed offence under the Conciliation and Arbitration Act 1904 can be a candidate for or hold elected office pending appeal and pending determination of leave applications
  2. 2 Whether the Court should grant interlocutory injunctions restraining declaration of election results for Victorian Branch Secretary of the union
  3. 3 Effect of appeal against conviction on eligibility for office under the Act

Ratio Decidendi

Due to the pendency of Mr. Gallagher's appeal and the absence of evidence justifying leave for his candidacy, and in view of the statutory framework which does not contemplate interim candidacy, the Court declines to make a declaration of ineligibility at this time but grants interlocutory restraints to preserve the status quo and prevent the declaration of the election result for Branch Secretary until further order, aligning with the statutory purpose and discretionary considerations.

Court Disposition

Application for interlocutory injunctions granted; application for declaration of ineligibility adjourned; undertakings released upon compliance with orders; liberty to apply to dissolve injunctions on notice; costs reserved.

Orders

  • The third respondent (David Pillar) is restrained from declaring the result of the ballot for 1985 Victorian Branch Secretary until further order.
  • The first, second, and third respondents are restrained from declaring, announcing, or confirming any declaration or announcement of the poll for Branch Secretary of the Victorian Branch until further order.