Lawton v Bidgerdii Aboriginal & Torres Strait Islanders Corporation Community Health Service Central Queensland Region [2004] FCA 1474

FEDERAL COURT OF AUSTRALIA

Lawton v Bidgerdii Aboriginal & Torres Strait Islanders Corporation Community Health Service Central Queensland Region [2004] FCA 1474 ASSOCIATIONS AND CLUBS – membership – association rules as to membership – whether the committee of the association has the power to reject applications for membership

Statutes Aboriginal Councils and Associations Act 1976 (Cth)

Cases Baker v The Liberal Party of Australia (SA Division) (1997) 68 SASR 366 Dist Millar v Houghton Table Tennis and Sports Club Inc (2003) 225 LSJS 241 Dist Nurses Memorial Centre of South Australia Incorporated v Beaumont (1987) 44 SASR 454 Foll Woodford v Smith [1970] 1 WLR 806 Cons MARGARET MAY LAWTON v BIDGERDII ABORIGINAL AND TORRES STRAIT ISLANDERS CORPORATION COMMUNITY HEALTH SERVICE CENTRAL QUEENSLAND REGION Q56 OF 2004 KIEFEL J BRISBANE 16 NOVEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q56 OF 2004

BETWEEN: MARGARET MAY LAWTON

APPLICANT

AND: BIDGERDII ABORIGINAL AND TORRES STRAIT ISLANDERS CORPORATION COMMUNITY HEALTH SERVICE CENTRAL QUEENSLAND REGION

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 16 NOVEMBER 2004

WHERE MADE: BRISBANE

THE COURT DECLARES THAT: 1. With respect to applications made prior to 4 April 2003 the Committee of the respondent did not have the power to reject as a member any person who was eligible in accordance with Rule 8.(1) and (2), who paid the annual fee as required by subrule (2) and who was not the subject of a prior resolution of expulsion.

THE COURT ORDERS THAT: 2. The respondent pay the applicant's costs of the application. 3. Liberty to apply for further orders. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA