Communications, Electrical Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Communications Division, in the matter of an Inquiry Relatingto an Election for Offices [2003] FCA 739 (22 July 2003)

Last Updated: 22 July 2003

FEDERAL COURT OF AUSTRALIA

Communications, Electrical Electronic, Energy, Information, Postal, Plumbing and Allied Services Union, Communications Division, in the matter of an Inquiry Relating to an Election for Offices [2003] FCA 739

IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION

V358 OF 2003

MARSHALL J

22 JULY 2003

MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V358 OF 2003

IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION

JUDGE:	MARSHALL J
DATE OF ORDER:	22 JULY 2003
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

The inquiry be terminated.

THE COURT CERTIFIES THAT:

The applicant acted reasonably in applying for the inquiry.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY	V358 OF 2003

IN THE MATTER OF AN APPLICATION BY LLOYD HARRIS FOR AN INQUIRY RELATING TO AN ELECTION FOR OFFICES IN THE COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING AND ALLIED SERVICES UNION OF AUSTRALIA, COMMUNICATIONS DIVISION

JUDGE:	MARSHALL J
DATE:	22 JULY 2003
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1 These reasons for judgment should be read together with the reasons for judgment in CEPU v Harris [2003] FCA 737, which was published immediately before the publication of these reasons.

2 The Court would have found that irregularities had occurred with respect to the election, the subject of the inquiry, but for the making of the validation orders in CEPU v Harris. Consequently it is appropriate, in the absence of any other alleged irregularity not cured by the validation orders, to order that the inquiry be terminated. It is also appropriate to certify that the applicant acted reasonably in applying for the inquiry.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Marshall.

Associate:

Dated: 22 July 2003

Counsel for the Applicant:	Mr R Niall
Solicitor for the Applicant:	Holding Redlich
Counsel for the CEPU:	Mr Kenzie QC with Ms Howell
Solicitor for the CEPU:	Slater & Gordon
The following parties represented themselves	* Mr Anthony Wayne Absolom * Mr Ian Maxwell Bryant * Ms Sharelle Elizabeth Herrington
Dates of hearing:	18 and 19 June 2003
Completion of written submissions	7 July 2003
Date of Judgment:	22 July 2003