Open Access Repository

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

Downloads

Downloads per month over past year

Nash, Gerard,1933- 1959 , 'The use of the injunction to restrain expulsion from trade organizations.', Unspecified thesis, University of Tasmania.

[img] PDF (Whole thesis)
whole_NashGerar...pdf | Request a copy
Full text restricted
Available under University of Tasmania Standard License.

Abstract

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 "neo-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

Item Type: Thesis - Unspecified
Authors/Creators:Nash, Gerard,1933-
Keywords: Labor unions, Industrial laws and legislation
Copyright Holders: The Author
Copyright Information:

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).

Additional Information:

Thesis (LL.M.)--University of Tasmania, 1960

Item Statistics: View statistics for this item

Actions (login required)

Item Control Page Item Control Page
TOP