Moratelli v Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

The plaintiff, Moratelli, brought proceedings against the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales, seeking enforcement of certain union rules. The dispute arose from the plaintiff's termination of employment and subsequent denial of union membership. The matter was heard in the Supreme Court of New South Wales. The primary legal issue was whether the union had properly complied with its own rules and if the court should exercise its discretion to order the enforcement of those rules. Another issue was whether certain aspects of the union's defence should be struck out as irrelevant or prejudicial under the Uniform Civil Procedure Rules.

The court considered whether the union's rules had been properly followed and if the court should compel the union to adhere to its own regulations. The court examined the union's defence and concluded that it was relevant to the issues at hand. The court also interpreted the terms "embarrassment" and "prejudice" under rule 14.28 of the Uniform Civil Procedure Rules, finding that the union's defence, while possibly inconvenient, did not meet the threshold for being struck out. The plaintiff's motion to strike out certain parts of the defence was unsuccessful.

The court found that the union had not properly complied with its own rules, and granted the plaintiff leave to withdraw the proceedings. The court did not order the union to perform its own rules, as the plaintiff had withdrawn the application. The plaintiff's motion to strike out parts of the union's defence was also dismissed. The court's decision emphasised the importance of adherence to internal union rules and the court's limited role in compelling compliance with those rules.