The essential characteristics of an unincorporated association are: a combination of persons with a common interest or purpose, a degree of organisation and continuity sufficient to distinguish it from an amorphous or fluctuating group, and clear criteria or method for identifying members. A written constitution, rules, name, or contract between members are not essential but their absence makes it unlikely an association exists. For vesting applications under s 8(1) of the Associations Incorporation Act 1981 (Vic), the association must have existed at the time the property was acquired or transferred to the trustees.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
1 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.