United Muslims New South Wales Inc v Australian Federation of Islamic Councils Inc (No 2); Islamic Council of Victoria Inc v Australian Federation of Islamic Councils Inc

[2022] NSWSC 868

Supreme Court of NSW

Built by Barristers,
For Australian Law.

1. ASSOCIATIONS AND CLUBS — Meeting of members — Whether appointment to the AFIC Executive Committee was valid — Whether AFIC Executive Committee was quorate when it met to expel the plaintiffs
1. ASSOCIATIONS AND CLUBS — Proper construction of s 16 of the Associations Incorporation Act 1964 (Tas) — Test for inconsistency — Whether the Associations Incorporation (Model Rules) Regulations 1997 (Tas) applied in the circumstances — Whether Model Rules excluded, modified by or inconsistent with the AFIC Constitution
1. ASSOCIATIONS AND CLUBS — Application of rules 33 and 34 of the Model Rules — Whether the AFIC Executive Committee was the relevant “committee” for the purposes of rule 33 — Whether appeals under rule 34 are to be heard by the Federal Congress of AFIC
1. ASSOCIATIONS AND CLUBS — Procedural fairness — Whether breach of procedural fairness rendered obsolete or “cured” by appeal process — Whether appeal under rule 34 invalid for lack of sufficient notice