Faehrmann v Van Vucht [2018] NSWSC 397

Supreme Court New South Wales

Medium Neutral Citation: Faehrmann v Van Vucht [2018] NSWSC 397 Hearing dates: 23 March 2018 Date of orders: 04 April 2018 Decision date: 04 April 2018 Jurisdiction: Equity Before: Ward CJ in Eq Decision: (1) Order the first defendant, being the person responsible for maintaining the membership list of the political party known as The Greens NSW, to remove any recording of the plaintiff on the membership list as a "provisional" member and to record the plaintiff as a financial member of the political party known as The Greens NSW. (2) Order the defendants to pay the costs of the plaintiff. Catchwords: VOLUNTARY ASSOCIATIONS – membership dispute – where registered political party governed by written constitution – construction of written constitution

EQUITY – equitable remedies – injunctions – mandatory Legislation Cited: Associations Incorporation Act 1984 (NSW), s 20 Associations Incorporation Act 2009 (NSW), s 3 of Pt 2 of Sch 4, ss 6, 10, 14, 26, Sch 2 Commonwealth Electoral Act 1918 (Cth), Pt XI Copyright Act 1968 (Cth), s 36(1) Election Funding, Expenditure and Disclosures Act 1981 (NSW) Oaths Act 1900 (NSW) Parliamentary Electorates and Elections Act 1912 (NSW), Pt 4A, s 66 Parliamentary Electorates and Elections Regulation 2008 (NSW) Cases Cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564; [1992] HCA 10 Allandale Blue Metal Pty Ltd v Roads and Maritime Services [2013] NSWCA 103 Burston v Oldfield [2003] NSWSC 88 Carter v NSW Netball Association [2004] NSWSC 737 Conservative and Unionist Central Office v Burrell (Inspector of Taxes) [1980] 3 All ER 42 Gardner v Dairy Industry Authority of New South Wales (1977) 18 ALR 55 Goodwin v VVMC Club Australia (NSW Chapter) (2008) 72 NSWLR 224; [2008] NSWSC 154 International Air Transport Association v Ansett Australia Holdings Ltd (2008) 234 CLR 151; [2008] HCA 3 Islamic Council of NSW v The Australian Federation of Islamic Councils [2000] NSWSC 115 Jobnet v Copeman [1999] NSWSC 848 Ray v Eastern Suburbs Motorcycle Club Incorporated [2012] NSWSC 1151 Re McAuliffe Dec'd [1944] St R Qd 167 Re Travis; Mant v Attorney-General (Qld) [1911] St R Qd 216 Sutherland Shire Council v Leyendekkers [1970] 1 NSWR 356 Union Club v Battenberg (2006) 66 NSWLR 1; [2006] NSWCA 72 University of New South Wales v Moorhouse (1975) 133 CLR 1; [1975] HCA 26 Wilcox v Kogarah Golf Club Ltd (Supreme Court (NSW), 23 November 1995, unrep) Texts Cited: G E Dal Pont, in Law of Associations (LexisNexis Butterworths, 2018) K L Fletcher, The Law Relating to Non-Profit Associations in Australia and New Zealand (Law Book Co, 1986) Category: Principal judgment Parties: Catriona Mary Faehrmann (Plaintiff) Alex Van Vucht (First Defendant) The Greens N.S.W. Incorporated (Second Defendant) Representation: Counsel: TO Prince (Plaintiff) K Petch (Defendants)