Bishop Irinej Dobrijevic & Anor v Free Serbian Orthodox Church, Diocese for Australia & New Zealand Property Trust & Ors [2015] NSWSC 637

Supreme Court New South Wales

Medium Neutral Citation: Bishop Irinej Dobrijevic & Anor v Free Serbian Orthodox Church, Diocese for Australia & New Zealand Property Trust & Ors [2015] NSWSC 637 Hearing dates: 10, 12-14, 17-21, 24-28 February; 3-7, 10-14, 19-21 March 2014 Decision date: 29 May 2015 Jurisdiction: Equity Division Before: White J Decision: Refer to para [523] of judgment. Catchwords: VOLUNTARY ASSOCIATIONS – CHURCHES AND RELIGIOUS ORGANISATIONS – interpretation of unincorporated religious association's constitution – validity of amendments to constitution – whether association had power to dissolve itself or to merge with another association – whether members of association could validly dissolve or merge the association by majority vote at a meeting – whether resolutions were validly passed at meetings to amend constitution – where practice or usage of the association was inconsistent with its constitution – held that: (1) the usage and practice of the association effected an implied amendment to the method of appointing bishops and to permit the appointment of bishop-administrators, such that the appointment of the first plaintiff as bishop-administrator of the association was valid; (2) the association's constitution did not contain a power to dissolve or merge the association; (3) all members of the association must be present to constitute a quorum, there being no rule and no evidence of practice or usage permitting a quorum by less than full attendance; (4) the association was not validly dissolved or merged by any purported resolutions or by practice or usage

TRUSTS – CHARITIES – charitable trust in favour of the Free Serbian Orthodox Church (FSOC), an unincorporated religious association – whether implied amendment to the FSOC's constitution effected an amendment of the terms of the charitable trust – whether the changes to the constitution constituted a departure from fundamental or essential aspects of the FSOC's doctrines or principles – held that neither the method of appointing bishops nor the continuation of the FSOC's separation from the Serbian Orthodox Church (SOC) were fundamental aspects of the FSOC