Judicial intervention in the affairs of unincorporated religious associations in New South Wales

The leading Australian High Court case of Cameron v Hogan (1934) 51 CLR 358 confirmed that associations which are 'social, sporting, political, scientific, religious, artistic or humanitarian in character’, and not formed ‘for private gain or material advantage’, are usually formed on a basis of mutual consent. Unless there is some clear, positive indication that the members wish to relate to each other in a legal fashion, the rules of the association will not be treated as an enforceable contract in contrast to the rules of incorporated bodies. Australian unincorporated associations experiencing internal disputes, like those in most other common law jurisdictions, have found courts reluctant to provide a remedy unless there is a proprietary interest or trust to protect. This is further compounded by the judicial view that an unincorporated association has no legal recognition as a ‘juristic person’. The right to hold property and the ability to sue and be sued are incidences of this recognition. By contrast, the law recognises ‘artificial’ legal persons such as corporations, who are given rights to hold property and to sue and be sued. However, when a number of individuals associate together for a non-commercial, lawful purpose, but not by way of a corporate structure, legal recognition ‘as a group’ is denied. Since 1934, a significant number of cases have distinguished or otherwise declined to follow this precedent of the High Court. A trenchant criticism is found in McKinnon v Grogan [1974] 1 NSWLR 295, 298 where Wootten J said that ‘citizens are entitled to look to the courts for the same assistance in resolving disputes about the conduct of sporting, political and social organisations as they can expect in relation to commercial institutions’. According to Wootten J at 298, if disputes are not settled by the courts, this would create a ‘legal-no-man's land, in which disputes are settled not in accordance with justice and the fulfilment of deliberately undertaken obligations, but by deceit, craftiness, and an arrogant disregard of rights’. Cameron v Hogan was decided in 1934. There is an increasing volume of first instance cases which distinguish or, in the words of Palmer J, ‘just pay lip service’ to this High Court decision. (Coleman v Liberal Party of Australia (2007) 212 FLR 271, 278). The dissenting cases seem to call for a judicial policy initiative. This would require recognition by judges that voluntary associations play a significant role in society and that members have a legitimate, enforceable expectation that the rules of the association will be observed by members and in the last resort, enforced by the courts without the need to prove contractual intention, the existence of a trust or the existence of a right of a proprietary nature. This thesis asks: what legal, as distinct from political, redress does an ordinary member have, when a rule is made or a process followed which is contrary to the underlying doctrines and philosophies embodied in the constitutional documents of an unincorporated religious association? When, if at all, will a court intervene to ensure doctrinal purity or to supervise the daily life of a large unincorporated religious association? My research objective is to examine and analyse leading cases and relevant legislation on the enforceability of the constitutions of large, unincorporated, religious associations with particular reference to the Anglican Church in New South Wales. Given its numerical size, wide geographical spread and presence since the foundation of New South Wales, the Anglican Church in New South Wales, contains a sufficient variety of ‘real life’ situations to be representative of the legal issues posed by Cameron v Hogan which may be faced by other large, unincorporated, religious associations in New South Wales. In contemporary society, large, unincorporated, religious associations play an important community role. The resolution of internal disputes in such associations should not remain captive to legal doctrines of an earlier age.

The end of the Keating-Howard-Rudd-Gillard era?

Australian political discourse is dominated by ahistorical hyperbole, every election defeat is a landslide, every consecutive electoral loss indicates complete political marginalisation, every poll slump is a crisis, and every struggling leader is the worst ever. Australian Labor is not faring well but we need to distinguish between the ebbs and flows of the political cycle and the fundamentals. Australian politics may be approaching a fundamental break. The political era that began in the early 1990s may be coming to an end and with it Labor's hegemonic position in Australian politics that has endured since Gough Whitlam.

Self-determination in Aboriginal political thought

Part 1 - Political Ideas -- Liberalism and the Liberal Party of Australia -- The Australian Labor Party and the Third Way -- Australian feminism: the end of 'the universal woman'? -- Self-determination in Aboriginal political thought -- From the 'social laboratory' to the 'Australian Settlement' -- Australian nationalism and internationalism -- Part 2 - Institutions of Democracy -- Parliament and the Executive -- Political integration and the outlook for the Australian party system: party adaptation or regime change? -- Administrative agencies and accountability -- The institutional mediation of human rights in Australia -- The news media and Australian politics -- The role of the state: welfare state or competition state? -- Part 3 - Political Issues and Public Policies -- National policy in a global era -- The economic policy debate -- The decentralisation of industrial relations -- The labour market and the future of employment -- The welfare reform agenda -- The social consequences of the rural reform agenda -- Politics and the environmental policy debate -- Immigration policy and the attack on multiculturalism.

Integrity and public sector governance : a democratic deficit?

The role of a minor party : a comparative study of the British Liberal Party and the Australian Country Party since 1918

and the Australian Country Party since 1918. 2. The thesis examines the proposition that the role of a minor party is determined, not by its total strength expressed as a percentage of the national vote, but by how its strength is concentrated. Australia and Britain were chosen for the comparison because of the many similarities in political culture and in the extent of class voting. Each country has a party - the Country Party in Australia and the Liberal Party in Britain - which has had a distinct impact on the political scene in their respective countries. In the period from 1918 to the present day neither party, at the national level, has ever held the largest number of seats in parliament let alone a majority of seats, and it is in this sense that they are herein defined as minor parties. In the thesis the constitutional background of and differences between Australia and Britain are reviewed, followed by a brief historical picture of each of the two parties being studied. The sources of supporc of the two parties are analysed and it is here that real differences emerge. The Country Party in Australia is a deliberately sectional party with a narrow rural base, whereas the British Liberal Party is more broadly based than either the Labour or Conservative Parties in Britain. 3. Party leadership and organisation are then discussed. Both parties have had outstanding leaders, Earle Page and McEwen for the Country Party; Asquith, Lloyd George and Grimond for the Liberal Party. Both parties have had relatively fewer leaders than their major party opponents. However, whereas the Country Party has been free of serious splits the Liberal Party was shattered on the leadership struggles of Asquith and Lloyd George. Both parties have been identified with decentralisation of state power, the Country Party through its support, albeit sometimes lukewarm of the New States Movement; the Liberal Party through its espousal of a federal system for Britain with separate Welsh, Scottish and regional assemblies. Unfortunately for the British Liberal Party the beneficiaries of their policies in this area have been relatively new nationalist parties in both Wales arid Scotland. The major part of the thesis is devoted to a study of how the electoral systems in the two countries have, in practice, worked to the advantage or disadvantage of the Country Party and the British Liberal Party. The Country Party has been as consistently over-represented in the House of Representatives as the Liberal Party has been under-represented in the British House of Commons. With the even distribution of its support the introduction of the single transferable vote, in itself, would bring little benefit to the British Liberal Party in terms of seats. Multimember urban constituencies combined with some type of list system are the only way the Liberals are likely to obtain House of Commons seats in proportion to their votes. 4. Finally, the relations of the two minor parties with their respective major parties are considered. In the conclusion the future of the two parties is reviewed. In general terms it appears that the Country Party is faced with a slow decline. Although the British Liberal Party made a major breakthrough, in terms of votes, in the February 1974 election, they were unable to maintain this momentum in the October election, even though they lost very little ground. In the long term they must make an inroad into Labour held seats if they are to progress further.

(Neo)Liberal doses of inequality : advance Australia where?

The relationship between social background and achievement has preoccupied educational researchers since the mid-20th century with major studies in the area reaching prominence in the late 60s. Despite five decades of research and innovation since, recent studies using OECD data have shown that the relationship is strengthening rather than weakening. In this paper, the systematic destabilisation of public education in Australia is examined as a philosophical problem stemming from a fundamental shift in political orientation, where “choice” and “aspiration” work to promote and disguise survivalism. The problem for education however extends far deeper than the inequity in Federal government funding. Whilst this is a major problem, critical scrutiny must also focus on what states can do to turn back aspects of their own education policy that work to exacerbate and entrench social disadvantage.

The politics of Australia's withdrawal from Iraq

This article examines the complex matrix of public, political and policy debates that were brought to bear on Australia's decision to withdraw from Iraq. In analysing the ‘politics of withdrawal’ in Australia, this article identifies four dominant frames that served to polarise the issue along party-political lines and reduce the complexities of Australia's withdrawal to a set of simple polarities (such as ‘stay the course’ versus ‘responsible withdrawal’). Specifically, these frames obfuscated an assessment of the myriad challenges facing post-Saddam Iraq and the prospects for peace, security and development beyond Australia's withdrawal. Understanding the ways in which Australia framed its decision to disengage from Iraq is critical to further analysis of Australia's approach to current (or future) military draw-downs (such as in Afghanistan), as well as those conducted by other liberal democracies, such as the US and the UK.

The life and work of Richard John Seddon, premier of New Zealand, 1893-1906. With a history of the Liberal party in New Zealand.

Mode of access: Internet.

Why I am a liberal: being definitions and personal confessions of faith by the best minds of the liberal party,

Mode of access: Internet.

Trends in National Party support

The National Party of Australia is under challenge. Will it be able to adapt and survive or will it become increasingly irrelevant in Australian politics? With population growth in some coastal and hinterland areas and decline in inland agricultural areas, the face of rural and regional Australia is changing. As a result, the National Party's traditional support is being eroded. Within the long-standing Coalition, the influence of the Nationals appears to be in decline, yet they continue to resist amalgamation with the Liberal Party.

Official report of the Liberal convention held in response to the call of Hon. Wilfred Laurier.

Conference held in Ottawa, June 20-21, 1893.