Walker, David & Ors v Daniel, David & Ors [1996] FCA 1159

Walker, David & Ors v Daniel, David & Ors [1996] FCA 1159

The 29 July 1996 meeting did no more than agree that draft amendments would be put to the adjourned meeting on 30 August 1996, and the Rules and the Act did not permit amendment merely "in principle" by a resolution that amendments be drafted later. The 9 August 1996 meeting was not a resumption of the adjourned special general meeting of the Corporation and was directed to broader discussion and consultation rather than a meeting of members for amendment under r23. Any resolutions passed on 9 August 1996 therefore had no effect on the Rules; in any event, r23(3) prevented amendments from operating until approved by the Registrar. The purported election of a new Board of Management under...

Jurisdiction
Australia
Judgment Date
24 December 1996
Procedural Posture
Application Under S39 B of the Judiciary Act 1903 Seeking an Order Directing the Registrar to Exercise Power Under S79 of the Aboriginal Councils and Associations Act 1976 and a Declaration as to Election of the Board of Management / Final Judgment
Outcome
Application dismissed with costs of the first and second respondents to be paid by the applicants.
Legal Topics
['amendment of Rules' 'special General Meetings' 'registrar Approval of Rule Amendments' 'election of Board of Management']
['administrative Law' 'associations and Corporations' 'aboriginal Corporations'] ['amendment of Rules' 'special General Meetings' 'registrar Approval of Rule Amendments' 'election of Board of Management']

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Procedural Posture

Application Under S39 B of the Judiciary Act 1903 Seeking an Order Directing the Registrar to Exercise Power Under S79 of the Aboriginal Councils and Associations Act 1976 and a Declaration as to Election of the Board of Management / Final Judgment

Legal Issues

  1. 1 ['Whether the Corporation\'s Rules could be amended "in principle" on 29 July 1996 with the text of amendments drafted later' 'Whether the meeting held on 9 August 1996 validly amended the Rules of the Corporation' 'Whether purported amendments could operate before approval by the Registrar' 'Whether the applicants were properly elected as the Board of Management under the purported amended Rules']

Ratio Decidendi

The 29 July 1996 meeting did no more than agree that draft amendments would be put to the adjourned meeting on 30 August 1996, and the Rules and the Act did not permit amendment merely "in principle" by a resolution that amendments be drafted later. The 9 August 1996 meeting was not a resumption of the adjourned special general meeting of the Corporation and was directed to broader discussion and consultation rather than a meeting of members for amendment under r23. Any resolutions passed on 9 August 1996 therefore had no effect on the Rules; in any event, r23(3) prevented amendments from operating until approved by the Registrar. The purported election of a new Board of Management under...

Court Disposition

Application dismissed with costs of the first and second respondents to be paid by the applicants.

Orders

  • ['The application be dismissed with costs of the first and second respondents to be paid by the applicants.']