Australian Federation of Islamic Councils Inc v United Muslims of New South Wales Inc

[2021] NSWCA 311

NSW Court of Appeal

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Interrogate

Catchwords

1. Associations and Clubs
2. › Rights, duties and liabilities of members
3. › Association constitutions
4. › Construction of constitutions of incorporated associations
5. › Whether AFIC Constitution permits removal of State Council by member societies
6. › Whether State Council required to be incorporated association
7. › Associations Incorporation Act 1964 (Tas)
8. › Associations Incorporation Act 2009 (NSW)
1. Associations and Clubs
2. › Meetings
3. › Validity of resolutions
4. › Construction of resolutions passed at meetings of association members
5. › Whether meeting resolved to remove existing State Council and appoint replacement
1. Associations and Clubs
2. › Rights, duties and liabilities of members
3. › Election of members and office bearers
4. › Whether person elected president of State Council was duly appointed delegate under AFIC Constitution
5. › Effect of participation of non-members of AFIC at State Council meeting
6. › Whether constitutional provision of one association can override membership requirements of another
7. › Corporations Act 2001 (Cth), s 231

Quick Take

The constitution of a parent body cannot override the membership provisions of a subsidiary association's own constitution or the statutory requirements of the Corporations Act regarding membership.