Disputes in associations

While members of incorporated associations are often motivated by shared objectives, disputes can arise due to structural and governance issues, including:

• Competing time commitments of members outside the association
• Informal decision-making and reluctance to obtain professional advice
• Lack of a defined management structure
• Concentration of control in a small number of individuals
• Absence of appropriate financial controls and oversight
• Personal disputes between members or committee members

In many cases, associations do not comply with the requirements of the Associations Incorporation Act, and decisions made at meetings may be open to challenge, including through the Supreme Court. These disputes can affect the operation of the association and may have financial consequences.

Some associations operate at a scale where more formal management structures are required, including dedicated personnel to manage day-to-day activities. Constitutions prepared at the outset may not adequately address the needs of the association as it grows and evolves.

Our business lawyers assist with:

• Advice on association constitutions and compliance with the Associations Incorporation Act
• Preparing or amending constitutions
• Dispute resolution and determination