The board of an incorporated association has no dispensing power in relation to mandatory membership criteria prescribed by the association's constitution; the board cannot 'waive' those requirements or apply its own criteria, and the constitution can only be amended by special resolution under s 17(1) of the Associations Incorporation Act 1987 (WA). Where a court makes orders directly affecting a non-party's contractual rights, the non-party is entitled as of right to have those orders set aside for non-joinder. The question whether s 14 of the Act excludes common law apparent authority principles for incorporated associations was left open.
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3 of the 24 citing cases carry a classified treatment. How each court treated it is available to signed-in members.