Faehrmann v Van Vucht [2018] NSWSC 397

Faehrmann v Van Vucht [2018] NSWSC 397

Rules 2.5 and 2.6 of the relevant constitution do not apply to members transferring from interstate Member Bodies, and there are no grounds under the current or registered constitutions to treat Ms Faehrmann's membership as provisional following her interstate transfer; thus, she is to be recognized as a full financial member with the rights accorded to members.

Parties
Plaintiff: Catriona Mary Faehrmann; First Defendant: Alex Van Vucht; Second Defendant: The Greens N.S.W. Incorporated
Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Principal Judgment / First Instance
Outcome
Order for mandatory injunction and costs in favour of the plaintiff.
Legal Topics
Voluntary Associations, Membership Dispute, Construction of Written Constitution, Equitable Remedies, Injunctions, Mandatory Injunctions
Equity Voluntary Associations Membership Dispute Construction of Written Constitution Equitable Remedies Injunctions Mandatory Injunctions

Case Brief

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Parties

Catriona Mary Faehrmann

Plaintiff

Alex Van Vucht

First Defendant

The Greens N.S.W. Incorporated

Second Defendant

Procedural Posture

Principal Judgment / First Instance

Legal Issues

  1. 1 Whether the plaintiff is only a provisional member of The Greens NSW following an interstate transfer.
  2. 2 Which constitution governs membership: whether members are bound by the 2002 constitution (registered) or a subsequent unregistered/superseded version.
  3. 3 Whether the rules for provisional membership apply to members transferring from interstate Member Bodies.

Ratio Decidendi

Rules 2.5 and 2.6 of the relevant constitution do not apply to members transferring from interstate Member Bodies, and there are no grounds under the current or registered constitutions to treat Ms Faehrmann's membership as provisional following her interstate transfer; thus, she is to be recognized as a full financial member with the rights accorded to members.

Court Disposition

Order for mandatory injunction and costs in favour of the plaintiff.

Orders

  • Order the first defendant, being the person responsible for maintaining the membership list of the political party known as The Greens NSW, to remove any recording of the plaintiff on the membership list as a "provisional" member and to record the plaintiff as a financial member of the political party known as The...
  • Order the defendants to pay the costs of the plaintiff.