Where an incorporated association receives property from another association on the understanding that it will hold the property on trust for a third party, a constructive trust will be imposed if the registered proprietor unconscionably seeks to resile from that understanding, notwithstanding the indefeasibility of its Torrens title. The temporary dissolution of the beneficiary entity does not prevent the constructive trust from arising where the entity is subsequently revived. In membership disputes, consistent failures to comply with an association's rules regarding admission of members may result in purported members not being recognised, and the court will scrutinise the authenticity of membership application forms applying the Briginshaw standard where forgery is alleged. A declaration of oppressive conduct under s 68 of the AIR Act will not be granted where it is unnecessary to remedy any default or resolve any dispute.
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