ASSOCIATIONS AND CLUBS — incorporated associations — where disputes as to membership and disciplinary action against members within incorporated association — whether various plaintiffs were validly removed from membership register — whether expulsion and suspension of members in disciplinary proceedings complied with association constitution — whether disciplinary decisions made for improper purpose contrary to association constitution — where allegation that association affairs conducted for benefit of president — whether grounds established for winding up incorporated association under ss 63(1)(f) and 63(1)(i) of the Associations Incorporation Act 2009 (NSW) — whether receiver and manager should be appointed — where grounds not established for winding up or appointment of receiver and manager — declarations granted in respect of membership status and invalid expulsions — balance of claims dismissed
Quick Take
1A power to expel members from an incorporated association must be exercised in strict compliance with the procedural requirements of the association's constitution, including affording proper notice, a hearing before the constitutionally designated committee, and an opportunity to present evidence; disciplinary action taken by resolution at a general meeting without these steps is invalid.
2A court reviewing disciplinary decisions of an incorporated association does not conduct a merits review or de novo hearing of the underlying allegations; the court's role is confined to enforcing compliance with the association's constitution, including whether decisions were made for an improper purpose or in breach of procedural requirements.
3Winding up an incorporated association or appointing a receiver and manager are steps of last resort; findings that some disciplinary actions were procedurally invalid do not, without more, establish that the association's affairs have been conducted in the interests of an individual officeholder rather than in accordance with its objects.
