Walker v McLeod - [1984] FCA 84

Re: JUDITH WALKER
And: K.H. McLEOD; K.W. DAVERN; J. ANGUS; P. PHILLIPS; I. WEST; J. BOOKER;
J. DWYER; M. CLARK; I. LARCOMBE; J. WILSON; R. PURVIS; G. CHRISTIE; J.
TROUSDALE ; L. ASPINALL; G. DUNCAN; P. ADAMS; AUSTRALIAN INSURANCE EMPLOYEES
UNION
No. NSW 18 of 1984
Industrial Law
7 IR 94

COURT

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY
INDUSTRIAL DIVISION
Beaumont J.

CATCHWORDS

Industrial Law - Application under s. 141 of Conciliation and Arbitration Act - Pending proceedings to remove officer from office - Replacement of rule dealing with such removal - Repeal by implication.

Conciliation and Arbitration Act, 1904 s.141

HEARING

SYDNEY

#DATE 6:4:1984

ORDER

1. Orders that the respondents and each of them perform and observe the rules of the Australian Insurance Employees Union ("the organization") by recognising the applicant as continuing to occupy the offices of New South Wales Branch Secretary of the organization and additional Delegate of the New South Wales Branch to the Federal Executive of the organization and as possessing all of the rights, privileges and duties associated with those offices.

2. Orders that the respondents and each of them treat as null, void and of no force or effect resolutions purportedly carried by a special general meeting of the New South Wales Branch of the organization on Friday, 24 February 1984.

3. Declares that no valid resolutions have been carried in accordance with the rules of the organization removing the applicant from any office occupied by the applicant in the organization or otherwise affecting the position and standing of the applicant within the organization.

4. Declares that each of the resolutions purportedly carried by a special general meeting of the New South Wales Branch of the organization on 24 February 1984 was null, void and of no force or effect.

JUDGE1

This is an application for orders under s.141 of the Conciliation and Arbitration Act, 1904. In the proceedings, the applicant challenges the validity of certain resolutions purportedly carried by a special general meeting of the New South Wales Branch of the Australian Insurance Employees Union held on 24 February 1984. The applicant was, and claims she still is, the secretary of the Branch and an additional delegate of the Branch to the Federal Executive of the Union. The personal respondents are all members of the Federal Executive. The resolutions now challenged found the applicant guilty of a number of substantial breaches of the rules of the Union and guilty of "gross misbehaviour" in a number of respects and then purported to dismiss her from the two offices mentioned.

There is little, if any, dispute about the primary facts. On 9 January 1984, Mr. T.A. Wenman, a member of the respondent Union, wrote a letter to the president of the N.S.W. branch of the Union giving notice that, at the next general meeting of members of the branch, he intended to move the following resolutions (a copy of the letter was sent to the applicant):

"1. That this…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Walker v McLeod

Details

AGLC: Walker, Judith v K.H. McLeod & ors [1984] FCA 84 (7 IR 94)
Case: [1984] FCA 84
Decision Date: 06 APRIL 1984

CaseChat Overview and Summary

The case of Walker v McLeod involved the applicant, Walker, who sought to enforce his continued position as the New South Wales Branch Secretary and additional Delegate of the Australian Insurance Employees Union (the organization). The respondents were challenging Walker's position, and the dispute was brought before the court under section 141 of the Conciliation and Arbitration Act. The core issue was whether the resolutions passed by the New South Wales Branch of the organization on 24 February 1984, which purported to remove Walker from his office, were valid and binding. Additionally, the court had to determine the effect of the repeal of a rule that previously allowed for the removal of an officer through such resolutions.

The court examined the rules of the organization and the implications of the repeal of the rule that permitted the removal of an officer by a special general meeting. It was established that the repeal of this rule by implication affected the validity of the resolutions that the respondents relied upon to remove Walker from his position. The court held that the resolutions were null and void as they contravened the rules of the organization and the repealed rule. Furthermore, the court found that no valid resolutions had been carried that would affect Walker's position within the organization.

Consequently, the court issued orders recognising Walker as continuing to occupy his offices within the organization and declared the resolutions passed by the New South Wales Branch on 24 February 1984 to be null, void and of no force or effect. The court's decision effectively reinstated Walker's position and emphasised the importance of adherence to the rules of the organization. This ruling ensures that any changes to the organisation's rules must be followed to maintain the validity of decisions affecting its members' positions.

Orders

Orders of the court

1. Orders that the respondents and each of them perform and observe the rules of the Australian Insurance Employees Union ("the organization") by recognising the applicant as continuing to occupy the offices of New South Wales Branch Secretary of the organization and additional Delegate of the New South Wales Branch to the Federal Executive of the organization and as possessing all of the rights, privileges and duties associated with those offices.

2. Orders that the respondents and each of them treat as null, void and of no force or effect resolutions purportedly carried by a special general meeting of the New South Wales Branch of the organization on Friday, 24 February 1984.

3. Declares that no valid resolutions have been carried in accordance with the rules of the organization removing the applicant from any office occupied by the applicant in the organization or otherwise affecting the position and standing of the applicant within the organization.

4. Declares that each of the resolutions purportedly carried by a special general meeting of the New South Wales Branch of the organization on 24 February 1984 was null, void and of no force or effect.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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