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The Pamphlet Collection of Sir Robert Stout: Volume 45
Disputes
Disputes.
20. Every dispute between a member or person claiming through a member or under the rules of a registered society or registered branch, and the society or registered branch or an officer thereof, shall be decided in manner directed by the rules of the society or registered branch, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any Court of law or restrainable by injunction, and application for the
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enforcement thereof may be made to a Resident Magistrate's Court.
Provided as follows:—
| (a.) | The parties to a dispute in a society or registered branch may, by consent (unless the rules of such society or registered branch expressly forbid it), refer such dispute to the Registrar, who shall, with the consent of the Governor, hear and determine such dispute, and shall have power to order the expenses of determining the same to be paid either out of the funds of the society or registered branch or by such parties to the dispute as he shall think fit; and such determination and order shall have the same effect and be enforceable in like manner as a decision made in the manner directed by the rules of the society or registered branch: |
| (b.) | The Registrar to whom any dispute is referred may administer oaths, and may require the attendance of all parties concerned, and of witnesses, and the production of all books and documents relating to the matter in question; and any person refusing to attend, or to produce any documents, or to give evidence before such Registrar, shall be guilty of an offence under this Act: |
| (c.) | Where the rules of a society or registered branch direct that disputes shall be referred to Justices, the dispute shall be determined by a Resident Magistrate's Court. |
| (d.) | Where the rules contain no direction as to disputes, or where no decision is made on a dispute within forty days after application to the society or registered branch for a reference under its rules, the member or person aggrieved may apply to a Resident Magistrate's Court, which may hear and determine the matter in dispute: |
| (e.) | The Court, or Registrar, may, at the request of either party, state a case for the opinion of the Supreme Court on any question of law, and may also grant to either party such discovery as to documents and otherwise, or such inspection of documents as might be granted by any Court of law or equity, such discovery to be made on behalf of the society or registered branch by such officer of the same as such Court or Registrar may determine. |