Dobinson v Crabb

The applicants, Vince Dobinson and others, sought special leave to appeal to the High Court of Australia, and also sought the removal of a pending appeal from the Full Court of Victoria into the High Court. The respondents included Steven M. Crabb, Ian Gordon Sharp, and Her Majesty's Attorney-General for the State of Victoria. The dispute concerned the legal status of a union following its deregistration under Commonwealth legislation and subsequent Victorian legislation that appointed a custodian.

The central legal issues before the High Court were whether the union, upon deregistration under the *Conciliation and Arbitration Act 1904* (Cth), became a voluntary unincorporated association at common law, and the effect of subsequent Commonwealth and Victorian legislation on its legal status and property. Specifically, the Court was asked to consider the impact of section 143(6) of the *Conciliation and Arbitration Act*, which was incorporated into the deregistering legislation, and the Victorian legislation that appointed a custodian to control the union's affairs.

The applicants argued that the deregistration under Commonwealth Acts rendered the union a voluntary unincorporated association at common law. They contended that section 143(6) of the *Conciliation and Arbitration Act*, which was applied to the union upon deregistration, regulated its affairs and provided for the disposition of its property. This subsection stipulated that upon deregistration, the property of the organisation was to be held and applied for the purposes of the association in accordance with its constitution and rules, notwithstanding the deregistration. The applicants also submitted that the subsequent Victorian legislation and orders, which appointed Dr. Sharp as a custodian and effectively gave him control of the union, were distinct and had a specific effect on the union's affairs.