Mylne v The Returned & Services League of Australia (Qld Branch) Maroochydore Sub Branch Inc & Ors

In this matter the question arose as to whether or not a dispute between members of The Returned and Services League of Australia (Queensland Branch) as to the entitlement of one person to be nominated for election to the Chair of that Branch gave rise to any justiciable issue? The matter was somewhat complicated by reason of the fact that one of the sub-branches of the association had incorporated under the Associations Incorporations Act but when its incorporation was cancelled it had not received a new Charter from the State Branch. The case is important in identifying those circumstances where the Court will involve itself by intervening in the affairs of voluntary associations when disputes arise between members. Douglas J considered that the circumstances before him were distinguishable from those in Baldwin v Everingham [1993] 1 Qd R 10 where the Court was prepared to accept that justiciable issues arose in relation to the rights of individuals in voluntary associations which were also political parties. His Honour did not consider that the breach of the rules of the RSL in the present matter gave rise contractual issues which should be settled in the Court. By way of obiter his Honour made some useful observations in relation to the remedial operation of s.88 of the Associations Incorporations Act which preserves the pre-incorporation rights of associations and in relation to the effect of s 133 of that Act dealing with irregularities in proceedings of associations.