Walker v New South Wales Bar Association [2016] FCA 799

FEDERAL COURT OF AUSTRALIA

Walker v New South Wales Bar Association [2016] FCA 799 File number: NSD 1060 of 2015

Judge: BESANKO J

Date of judgment: 12 July 2016

Catchwords: ASSOCIATIONS AND CLUBS – declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – whether subject matter of declarations sought is justiciable – when Court will intervene in internal affairs of voluntary associations – where association is a company limited by guarantee - where issues do not relate to rules in association's Constitution but rather the terms of a Senior Counsel Protocol – where no contractual or property rights affected - whether issues involve threat or interference with applicant's livelihood or reputation. CORPORATIONS – members' rights and remedies – oppression – whether conduct of the association's affairs in connection with applicant's Senior Counsel application and appointment process was oppressive to, unfairly prejudicial to or unfairly discriminatory against the applicant – Corporations Act 2001 (Cth), ss 232, 233.

Legislation: Companies (New South Wales) Code s 320 Corporations Act 2001 (Cth) ss 232, 233 Federal Court of Australia Act 1976 (Cth) s 21

Cases cited: Ainsworth and Another v Criminal Justice Commission (1992) 175 CLR 564 Cameron v Hogan (1934) 51 CLR 358 Campbell and Another v Backoffice Investments Pty Ltd and Another [2009] HCA 25; (2009) 238 CLR 304 Fexuto Pty Ltd v Bosnjak Holdings Pty Ltd and Others [2001] NSWCA 97; (2001) 37 ACSR 672 Forster v Jododex Australia Pty Limited and Another) (1972) 127 CLR 421 HNA Irish Nominee Ltd and Another v Kinghorn and Others (No 2) [2012] FCA 228; (2012) 290 ALR 372 In the matter of the New South Wales Bar Association and Another [2014] NSWSC 1695; (2014) 315 ALR 146 Islamic Council of South Australia v Australian Federation of Islamic Councils Inc [2009] NSWSC 211 John J Starr (Real Estate) Pty Ltd v Robert R Andrew (A'Asia) Pty Ltd and Others (1991) 6 ACSR 63 Johnco Nominees Pty Ltd v Albury-Wodonga (New South Wales) Corporation [1977] 1 NSWLR 43 Malone v Metropolitan Police Commissioner (No 2) [1979] 1 Ch 344 Morgan v 45 Flers Avenue Pty Ltd (1986) 10 ACLR 692 Mutasa v Attorney-General [1980] 1 QB 114 O'Neill and Another v Phillips and Others [1999] 1 WLR 1092 Rose v Boxing NSW Inc and Anor [2007] NSWSC 20 Sturt and Anor v the Right Reverend Dr Brian Farran, Bishop of Newcastle and Ors [2012] NSWSC 400 Thomas v HW Thomas Ltd [1984] 1 NZLR 686 Wayde and Another v New South Wales Rugby League Limited (1985) 180 CLR 459