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.

Religion, Human Rights, Equality and the Public Sphere

This article distinguishes three different conceptions of the relationship between religion and the public sphere. The reconciliation of these different aspects of freedom of religion can be seen to give rise to considerable difficulties in practice, and the legal and political systems of several Western European countries are struggling to cope. Four recurring issues that arise in this context are identified and considered: what is a 'religion' and what are 'religious' beliefs and practices for the purposes of the protection of 'freedom of religion', together with the closely related issue of who decides these questions; what justification there is for a provision guaranteeing freedom of religion at all; which manifestations of religious association are so unacceptable as to take the association outside the protection of freedom of religion altogether; and what weight should be given to freedom of religion when this freedom stands opposed to other values. It is argued that the scope and meaning of human rights in this context is anything but settled and that this gives an opportunity to those who support a role for religion in public life to intervene.

Modern Classics : Andy Warhol and the Renaissance Masters

"This paper explores Warhol’s final and largest series entitled the Last Supper series in which the artist appropriated the work of Leonardo da Vinci’s original fifteenth century painting, replicating the image through repetition, radical cropping, and washes of neon color. While many scholars conclude this group of works is inspired by Warhol’s religious beliefs, others interpret these paintings as typical Warhol appropriation without religious association, but consistent with the artist’s interest in the cultural commodity of famous images"

The Index ... A weekly paper.

Subtitle varies.

The Arbitrator

"A monthly digest of news of social significance." (varies)

The Radical

Publication suspended from July 1870-Jan. 1871

ASSOCIATIVISMO RELIGIOSO E OS IMIGRANTES AFRICANOS: O caso do Campo Missionário Congoangolano da Assembleia de Deus na cidade do Rio de Janeiro

Esta pesquisa faz uma análise do Campo Missionário Congoangolano da Assembleia de Deus, localizado no bairro de Brás de Pina - Zona norte da cidade do Rio de Janeiro. Procura identificar a função desta comunidade religiosa para os imigrantes congoleses e angolanos que a ela pertencem. Desse modo, visa refletir sobre a formação de um espaço territorial religioso consolidado por elementos da religiosidade africana e do pentecostalismo assembleiano e sua imbricada associação com a formação de redes de apoio e de coesão social em torno da manutenção e sustentação de um espaço identitário. Esse espaço é marcado por elementos que expressam símbolos e signos dos países de origem de seus integrantes - Congo e Angola - ao utilizarem a liturgia africana em seus cultos. A pesquisa leva em consideração as demandas que norteiam o processo migratório, as leis que regem esses imigrantes e o quanto tal processo contribui para práticas associativas que envolvem fatores inerentes a inserção e integração sociocultural e econômica no interior do campo missionário.

Lecture by Jacques Judah Lyons on the history of the Jews, given before the Hebrew Religious and Literary Library Association

Digital image

Unitarian word and work : the monthly bulletin of the American Unitarian Association, National Alliance of Unitarian Women, Young People's Religious Union.

Title from caption.

Shi'a women's participatory roles in the establishing and sustaining Shi'a religious identity in South Florida : Islamic Jaffaria Association

The research on the Muslim American community is largely Sunni specific and the purpose of this thesis is to add upon the limited scholarly work concerning the Shi'a Muslim American community. This study looks into the American Shi'a Muslim education experience at the Islamic Jaffaria Education Center (IJEC) and how it establishes and sustains a Pakistani Shiite Muslim identity. In addition, research on widespread American Muslim education shows high female participation on all levels, including, but not limited to, board and teaching positions. To see if this situation exists inside the Shi'ite communities an ethnographic study was conducted over the course of about 4 months at the IJEC. The findings show that there is also high female participation at that Shi'ite education center on all levels. The study links the high female participation with the education and how it established and is currently sustaining a Pakistani Shi'ite Muslim American identity in South Florida.