McLeish v Kane

The Federal Court of Australia, comprising Justices Sweeney, Evatt, and Northrop, dealt with two applications filed by David McLeish, a member of the Electrical Trades Union of Australia (ETU), and a group of ETU members led by N.D. Kane. The applications, filed under sections 140, 141, and 171C of the Commonwealth Conciliation and Arbitration Act 1904, sought to challenge certain ETU rules and to determine the validity of certain administrative actions within the union. McLeish's application alleged that specific ETU rules contravened the Act and imposed oppressive or unreasonable conditions on members. The second application sought to validate certain actions of the ETU leadership. The court found that while most of the challenged rules were not in breach of the Act, one rule governing the voting scale for branches was deemed unreasonable. The court decided to adjourn the proceedings to allow the ETU to amend the offending rule, emphasizing the importance of balancing democratic control with organizational viability. The court also noted that while the ETU's structure was generally in line with the Act, adjustments to the voting scale were necessary to ensure fairness and practicality. The decision included an adjournment of the case to enable the ETU to revise its rules, with liberty granted to any party to apply for further orders within seven days' notice.