McLean v McKinlay & Ors

[2004] WASC 2

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Equity
2. › Receivers
3. › Appointment of receiver and manager
4. › Incorporated associations
5. › Political party
6. › Whether court has jurisdiction to appoint receiver to incorporated political party
7. › Whether appointment would pre-judge substantive dispute
8. › Supreme Court Act 1935 (WA), s 25(9)
1. Associations
2. › Incorporated associations
3. › Internal disputes
4. › Competing claims to control of State Executive
5. › Validity of constitutional amendments
6. › Whether amendments required prior approval of National Executive
7. › Associations Incorporation Act 1987 (WA), ss 4(1)(e), 17
1. Practice and Procedure
2. › Interlocutory applications
3. › Appointment of receiver and manager
4. › Whether interlocutory determination would pre-judge substantive dispute
5. › Whether court should resolve disputed questions of fact or law on interlocutory application

Quick Take

The Supreme Court of Western Australia has jurisdiction to appoint a receiver/manager to a political party incorporated under the Associations Incorporation Act 1987 (WA) and registered under the Electoral Act 1907 (WA). Section 17 of the Associations Incorporation Act 1987 (WA), which empowers incorporated associations to alter their rules by special resolution, does not prevent the constitution of an incorporated association from requiring compliance with an obligation to an affiliated body (such as a national executive) as a precondition to constitutional amendment. However, where appointment of a receiver would require determination of which of two competing constitutions governs the party, and that question involves disputed issues of fact and law, the appointment cannot be made on an interlocutory basis as it would effectively pre-judge the substantive dispute.