Hibbert, Maureen Faye & Ors In the matter of an Application for an inquiry into an election for offices in the Federated Clerks Union of Australia (SA Branch) [1982] FCA 206

Federal Court of Australia|1981-07-20|Before: Evatt J

SOUTH AUSTRALTA DISTRICT ROGISTRY S.A. No.15 of 1981

s.159 of the Conciliation and Arbitration Act by Maureen Faye Hibber- and Others for ah inquiry into an election for offices in the Federated Clerks Union of Australia (South Australien Branch)

On 20 July 1981 an anplication under s.159 of the Conciliation and Arbitration Act 1904 was lodced by the applicants seekine an inguiry into alleged irregularities in the election in the South Australian Branch of the Federated Clerks Union of Australia (the orcanization) for the offices of (inter alia) Branch President, Branch Deputy-President

After having satisfied himself that there were reasonable grounds for an inquiry, the Industrial Registrar granted the application and referred the matter to the Court pursuant to s.16G on 14 September 1981. Section 161 provides that the inauiry was then deemed to have been instituted in

the Court. The matter was listed for directions before the

Ute te ve Fhe et Or nt ee Ee ee Te Sw ete eS St ee be ee ee ee a en ~ ewe Tra .

On 17 September 1981 the Court, pursuant to s.163, made certain interum orders, including an order that Mr Viercever, who kad been the successful candidate for the office of President of the Federated Clerks Union of Australia, South Australian Branch in the subject election, act and continue to act in that office and, after giving certain directions, fixed

Thereafter, the hearing of the inquiry proceeded on various dates up to a stage where directions requiring written submissions by the parties to be filed were made by the Court. The last of such submissions was filed on 21 Sentember last by the resvondents, together with an affidavit of Mr Krantz, the Secretary of the South Australian Branch of the organization, sworn 16 September 1961. Such affidavit discloses that Mr Viercever's health was such that he could not carry out his duties as President and that Mr Fellowes, the person whom the Court had ordered on 17 September 1981 to act as Denuty-President of the South Australian Branch, he havina been successful in the said election for that office, had, im accordance with the rules, taken over the duties of President and that the Branch Council, having granted leave of absence to Mr Viergever, pursuant to r.16(x), had appointed William Turley, a Branch Councillor, to "replace" Mr Viergever

Since the swearing of the said affidavit by Mr Krantz, Mr Viergever has unfortunately died, the date

Mr Heywood-Smith, counsel for the respondents has recuested that the Court, pursuant to s.163(1)(f) vary its order of 17 September 1981 or, pursuant to s.163(1)(e), make an order incidental or supplementary to such order so that Mr Turley be appointed to act as President pending an

Mr Mansfield, counsel for the applicants, opposes such an order and submitted that the Court should make no order, or, if minded to make any order under s.163(1) (e) or (£), then the applicant, Mr Knight, who had been the unsuccessful candidate for the office of Branch President in the subject election, should be the person whom the Court

I am of the view that the Court should not make any further order under s.163 in the present proceedings in addition to or 1n variation of the orders which were made on 17 Scptember 1981. The officials of the Branch may take such steps as they may be advised. The application by the

I will consider my decision in the inquiry generally.

preceding pa,jo%3 ero a trove covy of the Teasors Ter Tut; meut aorein of his Honcur Woe dustice

At a glance

Court

Decision date

Before

Source

Judgment (14 paragraphs)

Cited By (1)