1 These reasons for judgment should be read together with the reasons for judgment in CEPU v Harris

Federal Court of Australia|2003-07-22|Before: Marshall J

Communications, Electrical Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Communications Division, in the matter of an Inquiry Relating to an Election for Offices [2003] FCA 739 IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION V358 OF 2003 MARSHALL J 22 JULY 2003 MELBOURNE

IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION

REASONS FOR JUDGMENT 1 These reasons for judgment should be read together with the reasons for judgment in CEPU v Harris [2003] FCA 737, which was published immediately before the publication of these reasons. 2 The Court would have found that irregularities had occurred with respect to the election, the subject of the inquiry, but for the making of the validation orders in CEPU v Harris. Consequently it is appropriate, in the absence of any other alleged irregularity not cured by the validation orders, to order that the inquiry be terminated. It is also appropriate to certify that the applicant acted reasonably in applying for the inquiry. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Dated: 22 July 2003 Counsel for the Applicant: Mr R Niall

Solicitor for the Applicant: Holding Redlich

Counsel for the CEPU: Mr Kenzie QC with Ms Howell

Solicitor for the CEPU: Slater & Gordon

The following parties represented themselves · Mr Anthony Wayne Absolom · Mr Ian Maxwell Bryant · Ms Sharelle Elizabeth Herrington

Dates of hearing: 18 and 19 June 2003

Completion of written submissions 7 July 2003

Date of Judgment: 22 July 2003

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