Bingham, William Martin v Gallagher, Norman Leslie [1985] FCA 694

Bingham, William Martin v Gallagher, Norman Leslie [1985] FCA 694

Having examined the filed documents and Burchett J.'s reasons for the interlocutory orders, the Court was prepared, if the applicant discontinued the proceeding, to certify under sub-section 132H(2) that the applicant was a member of the organisation and acted reasonably in making the application; any interlocutory factual conclusion by Burchett J. did not amount to a finding for the purposes of that sub-section.

Jurisdiction
Australia
Judgment Date
17 December 1985
Procedural Posture
Application Under Sub Section 132 B(5) of the Conciliation and Arbitration Act 1904 for a Declaration Concerning Eligibility to Continue as a Candidate for Union Office / After Consent Orders Granting Leave to Discontinue and Discharging Interlocutory Orders; Request for Certification Under Sub Section 132 H(2)
Outcome
The Court stated it was prepared to issue the sub-section 132H(2) certificate if the applicant discontinued the proceeding.
Legal Topics
['union Election Eligibility' 'discontinuance' 'certification Under the Conciliation and Arbitration Act 1904' 'interlocutory Orders']
['industrial Law' 'labour Law'] ['union Election Eligibility' 'discontinuance' 'certification Under the Conciliation and Arbitration Act 1904' 'interlocutory Orders']

Case Brief

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Procedural Posture

Application Under Sub Section 132 B(5) of the Conciliation and Arbitration Act 1904 for a Declaration Concerning Eligibility to Continue as a Candidate for Union Office / After Consent Orders Granting Leave to Discontinue and Discharging Interlocutory Orders; Request for Certification Under Sub Section 132 H(2)

Legal Issues

  1. 1 ['Whether the Court should certify under sub-section 132H(2) of the Conciliation and Arbitration Act 1904 that the applicant was a member of the organisation and acted reasonably in applying under sub-section 132B(5).' 'Whether a conclusion of fact reached only for the purpose of determining interlocutory orders is a finding within the meaning of sub-section 132H(2).']

Ratio Decidendi

Having examined the filed documents and Burchett J.'s reasons for the interlocutory orders, the Court was prepared, if the applicant discontinued the proceeding, to certify under sub-section 132H(2) that the applicant was a member of the organisation and acted reasonably in making the application; any interlocutory factual conclusion by Burchett J. did not amount to a finding for the purposes of that sub-section.

Court Disposition

The Court stated it was prepared to issue the sub-section 132H(2) certificate if the applicant discontinued the proceeding.

Orders

  • ['On 13 December 1985, orders were made by consent that the applicant have leave to discontinue the proceeding.' 'The interlocutory orders made by Burchett J. on 3 September 1985 were discharged.' 'There was to be no order as to costs, nor any liability on the applicant for costs.' 'When the notice of discontinuance...