Carney v Matthews

The case of Carney v Matthews before the Industrial Relations Court of Australia involves a dispute concerning the alleged irregularities in the election of office bearers within the Construction, Forestry, Mining and Energy Union (CFMEU). Anthony Carney, a union member, filed an application for an inquiry into the elections held on 8 June 1993, naming Dennis Matthews, the successful candidate for the position of Divisional Branch Secretary, as the respondent. The other persons declared elected were later added as respondents. The core issue for the Court was whether to terminate the election inquiry based on the unlikelihood that the alleged irregularities would have affected the election results.

The Court had to determine if there was sufficient merit in the allegations of irregularities to warrant an inquiry, and whether it was reasonable for the applicant to seek the inquiry despite the improbability that the irregularities would have influenced the election outcomes. The allegations primarily concerned multiple voting, filling in of blank ballot papers by ineligible persons, "job voting days" on building sites, and the distribution of ballot papers to non-members. The Court had to weigh the hearsay evidence provided by the applicant against the respondents' strenuous denials and affidavits. The decision hinged on whether the irregularities, even if proven, could have potentially affected the election results, given the substantial margins between the elected and unelected candidates.

The Court, presided over by Chief Justice Wilcox, decided to terminate the inquiry forthwith. The reasoning was based on the improbability that the alleged irregularities, such as multiple voting affecting a maximum of 159 votes, would have altered the election results given the significant margins by which the elected candidates prevailed. The Court also found that it was reasonable for the applicant to seek an inquiry based on the initial concerns raised by the allegations. Consequently, the Court issued a certificate under s.343(1) of the Industrial Relations Act 1988, confirming that the applicant acted reasonably in applying for the inquiry.