University of Tasmania

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The use of the injunction to restrain expulsion from trade organizations.

posted on 2023-05-26, 19:21 authored by Nash, Gerard, 1933-
The orthodox view of the trade organization seems to be that if not incorporated such an organization is a mere voluntary association. It is true that in Bonsor's Case [1] the House of Lords attributed to a trade union a
eo-corporate\" status which enabled the union to be sued in tort.' This concession to the realities of the situation however9 was a limited one. There is no suggestion in that case or in any other that the trade organization is for all purposes a \"neo-corporation\". The courts have over a period of time evolved rules for dealing with the affairs of voluntary associations and other rules for dealing with those of corporations. The law at least until Bonsor's Case. has recog- nized no tertium quid. Does the accepted dichotomy cover the whole field? If so since most trade organizations are not incorporated does this mean that in the absence of legislation. membership of a 20th century trade union is to be protected only to the same extent as membership of a 19th century whist club? In the following pages I do not purport to answer either question conclusively. What I do attempt is to examine the logical and historical validity of the accepted rules relating to expulsion from voluntary associations in order to consider the applicability of such rules to questions involving membership of trade organizations. [1] Bonsor Vn Musicians' Union [1956] A.Co 104"


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Copyright 1959 the author - The University is continuing to endeavour to trace the copyright owner(s) and in the meantime this item has been reproduced here in good faith. We would be pleased to hear from the copyright owner(s). Thesis (LL.M.)--University of Tasmania, 1960

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