Farrell v Royal King's Park Tennis Club (Inc)

[2006] WASC 51

Supreme Court of Western Australia

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Contract
2. › Implied terms
3. › Implication of terms into membership contract of incorporated association
4. › Whether term of fairness in selection for sporting teams could be implied
5. › Whether reasonable and equitable
6. › Whether necessary for business efficacy
7. › Whether so obvious it goes without saying
8. › Whether capable of clear expression
9. › BP Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 conditions
1. Associations and Clubs
2. › Incorporated associations
3. › Membership contract
4. › Rights and obligations of members
5. › Selection for sporting teams
6. › Whether constitution of incorporated association creates contractual relationship with members
7. › Associations Incorporation Act 1987 (WA)
1. Corporations
2. › Oppression of minority members
3. › Whether oppression provisions of Corporations Act 2001 (Cth) apply to incorporated associations
4. › Whether fundamental principle of protection from oppression can be implied into membership contract of incorporated association
5. › Corporations Act 2001 (Cth), ss 232, 233, 234

Quick Take

A term requiring fairness in the selection of sporting teams cannot be implied into the membership contract of a private incorporated sporting and social club where the club's constitution is silent on selection processes, the club has no responsibility for representative selection, and membership does not require participation in competitions. The position may differ where the club is constituted solely for competitive sport or is a governing body responsible for representative selection. The oppression provisions of the Corporations Act 2001 (Cth) do not apply to members of associations incorporated under the Associations Incorporation Act 1987 (WA).