Radio 2UE Sydney Pty Ltd v Stereo FM Pty Ltd

The Federal Court of Australia was presented with a case involving an application for an inquiry into alleged irregularities in an election for offices within the Federated Clerks Union of Australia, specifically within its South Australian branch. Kaureen Payne Hibberd and others sought an inquiry under section 159 of the Conciliation and Arbitration Act, leading to a referral of the matter to the Court under section 160. The court was tasked with determining whether to grant the application and subsequently conduct an inquiry into the alleged irregularities.

The legal issues before the court included whether there were reasonable grounds for an inquiry into the election, and if so, whether the court should appoint someone to act as the President of the union pending a new election. The court also had to consider whether it should vary or make an order supplementary to the initial direction made on 17 September 1981.

The court decided that while there were reasonable grounds for an inquiry, it should not make any further orders under section 163 in addition to the orders made on 17 September 1981. The officials of the branch were advised to take any necessary steps. The court thus refused the application by the respondents to appoint William Turley as the acting President.

The court's decision not to make any further orders in variation or supplementary to the orders made on 17 September 1981 concluded the matter regarding the appointment of an acting President, leaving it to the union officials to determine any subsequent actions. The inquiry into the alleged irregularities in the election would proceed as previously directed.