Re the West Australian Group Training Scheme (Incorporated) (in Liquidation)

[2026] WASC 44

Supreme Court of Western Australia

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Catchwords

1. Incorporated Associations
2. › Winding up
3. › Winding up by the Supreme Court
4. › Grounds for winding up
5. › Inability to pay debts
6. › Just and equitable ground
7. › Whether just and equitable that incorporated association be wound up where voluntary winding up was invalid
8. › Associations Incorporation Act 2015 (WA), ss 121, 123
9. › Corporations Act 2001 (Cth), ss 583(c)(i), 583(c)(ii)
1. Incorporated Associations
2. › Winding up
3. › Court's powers on hearing winding up application
4. › Whether orders for winding up and appointment of liquidator may be made to take effect from earlier date
5. › Retrospective effect of winding up orders
6. › Corporations Act 2001 (Cth), s 467(1)(c)
1. Corporations
2. › Winding up
3. › Part 5.7 bodies
4. › Standing to apply for winding up
5. › Whether incorporated association may apply for its own winding up
6. › Corporations Act 2001 (Cth), ss 462(2), 583

Quick Take

Where an incorporated association has purported to wind up voluntarily but cannot do so under s 121 of the Associations Incorporation Act 2015 (WA) because it lacks surplus property, the court may order winding up under s 123 of the AI Act and s 583 of the Corporations Act with retrospective effect under s 467(1)(c), but only in exceptional circumstances.

Case Details

Citation[2026] WASC 44

CourtWASC

JurisdictionWestern Australia

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Relies on10

2020In the matter of Order of AHEPA NSW IncorporatedNSWSC 1626
2013Correa v WhittinghamNSWCA 263
2009Trans Pacific Insurance CorporationNSWSC 308
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