Registrar of Aboriginal Corp v Murnkurni Women's Aboriginal Corp [1999] FCA 521

FEDERAL COURT OF AUSTRALIA

Registrar of Aboriginal Corp v Murnkurni Women's

Aboriginal Corp [1999] FCA 521

Winding up of Aboriginal Corporation – Aboriginal Councils and Associations Act – Corporations Law – whether it is in public interest to wind up – whether there are fewer than five members of the Association – whether it is just and equitable that the Association be wound up

Aboriginal Councils and Associations Act 1976 ss 49C, 59, 62A, 63(1), (2)(c), (e) (h), 67 Corporations Law s 466(2)

Re Deeral Aboriginal & Torres Strait Islanders Corporation (1996) 70 FCR 229 Kurilpa Protestant Hall Pty Ltd (1946) St R Qd 170 Re Novrabron Pty Ltd (1987) 5 ALC 184 Re Co-operative Travel Society & Ors (1977-1978) CLC 40-396

REGISTRAR OF ABORIGINAL CORPORATIONS v MURNKURNI

WOMEN'S ABORIGINAL CORPORATION

WAG 3006 of 1998

PERTH

BOON JR

29 APRIL 1999

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 3006 of 1998

BETWEEN: REGISTRAR OF ABORIGINAL CORPORATIONS

Applicant

AND: MURNKURNI WOMEN'S ABORIGINAL CORPORATION

Respondent

JUDGE: BOON JR

DATE OF ORDER: 29 APRIL 1999

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. Murnkurni Aboriginal Womens Corporation be wound up. 2. Mr Norman Mel Ashton be appointed the liquidator of the Respondent. 3. The applicant's costs of the application be taxed and be reimbursed in accordance with s 466(2) of the Corporations Law. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 3006 of 1998

BETWEEN: REGISTRAR OF ABORIGINAL CORPORATIONS

Applicant

AND: MURNKURNI WOMEN'S ABORIGINAL CORPORATION

Respondent

JUDGE: BOON JR

DATE: 29 APRIL 1999

PLACE: PERTH

REASONS FOR DECISION 1 This is an application under s 63(1) of the Aboriginal Councils and Associations Act 1976 as amended ("the Act") for orders that: 1. Murnkurni Aboriginal Women's Corporation ("Murnkurni") be wound up; 2. The official liquidator be appointed to be the liquidator of the respondent; and 3. The applicant's costs of the application be taxed and be reimbursed in accordance with s 466(2) of the Corporations Law. 2 Section 62A of the Act states as follows: "The Registrar may petition the Court that an Incorporated Aboriginal Association be wound up, if; (a) an Administrator appointed under s 71 recommends the winding up; or (b) the Registrar is of the opinion that the winding up would be in the public interest or in the interests of the members of the Association." 3 Subsection (1) of s 63 states in part that an Incorporated Aboriginal Association may be wound up under an order of the Court on the petition of (amongst others) the Registrar. 4 Subsection (2) of s 63 states as follows: "63 (2) A petition under subsection (1) shall specify one or more of the following grounds: (a) the Incorporated Aboriginal Association has, in accordance with its rules, resolved that it be wound up by the Court; (b) the business of the Association was not commenced within 1 year after its incorporation or has been suspended for a continuous period of 1 year; (c) there are fewer than 5 members of the Association; (d) the Association is unable to pay its debts; (e) the members of the Committee of the Association have acted in the affairs of the Association in their own interests rather than in the interests of the members as a whole or in any other manner whatsoever that appears to be unfair or unjust to other members; (g) by reason of the complexity or magnitude of the activities of the Association, it is inappropriate that it continue to be incorporated under this Act; (h) it is just and equitable that the Association be wound up." The applicant in this matter, the Registrar of Aboriginal Corporations, makes the application under sections 62A(b), 63(2)(c), (e) and (h) of the Act. In other words, the Registrar is of the opinion that the winding up would be in the public interest; and he alleges that there are fewer than five members of the Association; that the members of the Committee of the Association have acted in their own interests rather than in the interests of members as a whole; and that it just and equitable that the Association be wound up. 5 The respondent denies the allegations made by the applicant and opposes the application for a winding up of the corporation.