Application by Damien Stapleton for an inquiry into an election in the Australian Theatrical Amusement Employees Assocciation

[1982] FCA 40

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IN THE FEDERAL COURT OF AUST-IA ) )

NEW SOUTH WALES DISTRICT REGISTRY	) NSW NO.9A Of 1982
1

DIVISION	INDUSTRIAL	1
IN THE MATTER OF the Conclliatlon and Arbltration Act 1904
Appllcatlon by Damlen Stapleton for an inqulry lnto an electlon in the Australlan Theatrical and Amusement Employees Assoclatlon

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17 March 1982 EVATT J.

REASONS FOR JUDGMENT

Presently before the Court is the adlourned hearing

of a notlce of motlon seeklng lnterlm orders pursuant to
s.163 of the Conciliation and Arbitratlon Act 1904 (the Act)

in an Inquiry Into an election whlch has recently been conducted

pursuant to s.170 of the Act in the New South Wales branch of

the Australlan Theatrlcal and Amusement Employees Bssociatlon assistant secretary, vice-presldent and 12 executive members of the Branch.

(the organlzation) by Mr Cain, an offlcer of the Australlan

that letter. . ./2..

In a letter dated 24 February 1982 addressed to the

secretary of the New South Wales Branch of the organlzatlon

the returning offlcer lnformed the secretary that the electlon

had been duly conducted and that the results together wlth

hls declaratlon of the poll wereset out In an attachment to

By application dated 5 March 1982 one Damien Stapleton,

the former secretary of the New South Wales Branch of the

organization, and the unsuccessful candldate of the two

candidates for that office, lodged with the Industrlal Reglstrar in Melbourne an applicatlon under s.159 of the Act

for an lnquiry In respect of the said electlon alleginq that

certain irregularltles had occurred therein. Such applicatlon

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was made ln respect of all offices contested In that election.

> Pursuant to s.159(4) the Industrlal Reglstrar referred the

inqulry to the Federal Court of Australia on 9 March 1982.

On 10 March 1982 Mr Stapleton flled the sald notice

of motlon seeking four speclfic orders whlch do not requlre

to be set out at thls stage. Flled in support of the motlon

were two affldavlts of Mr Stapleton sworn on 10 March 1982.

The motlon was made returnable at 3 p.m. on 11 March before

Morllng J. In prlvate chambers when the appllcatlon was heard ex parte.

On 11 March 1982 Morllng J. made the followlng orders:

1. Damlen Stapleton may continue to act I n the offlce

of secretaryltreasurer of the New South Wales

Branch of the Australlan Theatrical	and
Amusement Employees Assoclatlon.

2. Those persons who currently hold offlce In

the said branch of the sald assoclatlon may

contlnue to act in those offlces.

3 . The matter 1s adlourned for further hearlng

on 16 March 1982 at 11 o'clock.

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The notes of Mr Hasson, a Deputy Reglstrar of the

Federal Court who attended In chambers before Morling S.

when hls Honour heard the applicatlon for the interim orders,

show that the three orders set	out above were prefaced by a
sentence readlng: "Untll	4.15, 16 March 1982 or untll further

order of the Court the Court orders that:-". Mr Haylen of

counsel who appeared before the Court today and who attended

before Morling J. agreed that the orders made by his Honour

were to extend until	4.15 p.m. on 16 March 1982 or further
order.

When the matter was called on before the Court on

16 March 1982 Mr Haylen appeared for Mr Stapleton and for

the organization whilst Mr Kenzle of counsel appeared for

certaln of the successful candldates. The matter became part- heard on 16 March 1982 when the Court ad~ourned the matter untll

today, 17 March 1982 and extended the orders made	by Morllng J.
so that they contlnued untll further order	of the Court.

On 17 March 1982 Mr Smithofthe Deputy Crown Solicitor's

offlce, Sydney appeared on behalf of the returning offlcer,

Mr C a m , and has been present	In Court durlng the hearlng of
the motlon today.

Having heard oral evidence together with that whlch

1s set out In the two affldavlts of Mr Stapleton which were

before Morllng J. on 11 March last, I am satlsfled that, in

the exercise of my dlscretlon, and followlng the well-established

prlnclples relating to the granting of lnterim orders referred

.

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to in cases such as Parish's case((1977)16	A.L.R. 181),
the interlm orders granted by Morllnq
contmued and such orders are	accordingly vacated.