Associations
General
Whether Queensland Friendly Society subject to the rule in Foss & Harbottle – whether Society possessed of legal form or status separate from its trustees – rights of trustees to sue on behalf of beneficiaries: R L Abrook v Peter R bennett Investment Services Pty Ltd 77 FCR 59
Members’ rights and duties — Disqualification of members from racing club — Members had interest in horse entered and running at unregistered race meeting — Race venue held valid combined sports meeting permit — Whether combined sports meeting may also be unregistered race meeting disqualification breach of club rules Willey v Queensland Principal Club— Unreported decision Supreme Court, Qld, Court of Appeal — McMurdo P, Davies and Thomas JJA — 9 Jul 1999 1732/99
Members’ rights and duties — Disciplinary proceedings — Jurisdiction of court — Alleged misrepresentation by appellant of financing and publishing of dog handbook — Finding by Committee of Inquiry of misconduct: Mitchell v Royal New South Wales Canine Council Ltd [2001] NSWCA 162
Incorporated associations — Memorandum and articles of association — Internal administrative irregularity — Internal administrative irregularity and mismanagement of affairs of incorporated association — Alleged lack of experience and knowledge of formal requirements as to proper conduct of undertaking of corporate entity: Popovic v Tanasijevic [2001] SASC 289
Members’ rights and duties — Right to distribution of property — Membership — Application for determination of question concerning persons to whom property of club should be distributed — Club to be wound up voluntarily: Re Underbank Country Club Inc (in liq) [2006] VSC 93
Incorporated associations — Meetings — Elections — Application for declaration people on committee validly elected — Plaintiff religious and cultural association which aimed to propagate Hindu religion: Shree Sanatan Dharm Sabha of NSW Inc v Mani [2006] NSWSC 657
Incorporated associations — Assets — Distribution — Application for order quashing determination of first respondent — First respondent had decided to distribute surplus property of one housing association to another housing association: Guild of Students of Murdoch University v Walker [2006] WASCA 11
Incorporated associations — Expulsion procedures — Validity of resolution — Application for orders declaring resolution made by first defendant void — Plaintiff pre-eminent amateur boxing referee and judge: Rose v Boxing NSW Inc [2007] NSWSC 20
Duties of members of governing committee of association incorporated under the Aboriginal Councils and Associations Act 1976 (Cth) – injunction – whether serious issue to be tried that members of governing committee acted for an improper purpose — whether the manager of the trust breached its fiduciary duties to the beneficiaries: Gumala Investments Pty Ltd v Lethbridge [2007] FCA 934
Incorporated associations — Meetings — Validity of meeting — Application for declaratory relief — Applicant argued constitution of respondent registered political party allowed for cure of invalidating defects by further meetings Coleman v Liberal Party of Australia, New South Wales Division (No 2) [2007] NSWSC 736
Incorporated associations — Membership — Absence of membership records — Application for declarations — Applicant contributed monies to incorporated association for construction of temple: Lai v Tiao (No 2) [2009] WASC 22
Unincorporated Associations
Receivers — Appointment — Application for appointment of receiver to first, second and fifth defendants — Operation of political party: McLean v McKinlay— Supreme Court, WA — Johnson J — 16 Jan 2004 [2004] WASC 2
Nature of unincorporated association: Trustees of the Roman Catholic Church v Ellis and Another – (2007) 63 ACSR 346; ([2007] NSWCA 117
Obligations and duties of – Applicant selected in WA Lawn Bowling Squad in 1998 – Not selected in 1999 team: Zusman v Royal Western Australian Bowling Assn (Inc)[1999] WASC 86
Voluntary Associations
Clubs — Expulsion or suspension — Validity — Application challenging dismissal from membership of respondent club — Respondent association registered under (NSW) Associations Incorporation Act 1984 (Act): Goodwin v Vietnam Veterans Motor Cycle Club Australia NSW Chapter Inc [2008] NSWSC 15
Jurisdiction of courts to interefere in internal management of associations: Baldwin v Everingham [1993] 1 Qd R 10
Plaintiff’s application to join liberal party refused with no reasons given – plaintiff sought declaration with respect to rejection – whether plaintiff had legal basis on which she could seek declaration: Bake v Liberal Party of Australia 68 SASR 366
Clubs — Suspension from club — Validity of decision of board of club — Charge of sexual harassment of staff member — Procedural fairness: Thomson v Earlwood-Bardwell Park RSL [1999] NSWSC 243