The Cameron v Hogan principle, which limits court intervention in the affairs of voluntary associations, is distinguishable where the association is incorporated under statute and its rules expressly create enforceable legal relationships between the association and its members. There is no jurisdiction to rectify the constitution and rules of an incorporated association; the remedy lies in statutory amendment procedures or court orders under s 61 of the Associations Incorporation Act 1985 (SA). Breach of the rules of an incorporated association by its committee, including operating with invalid committee structures and registering invalidly passed constitutional amendments, constitutes oppressive conduct within s 61(7) of the Act regardless of the good faith or beneficial intentions of those responsible.
The full text is available to signed-in members, including the 14 later cases that cite this judgment.
3 of the 14 citing cases carry a classified treatment. How each court treated it is available to signed-in members.