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The laws of Associations, Public (not for profit) Companies and Clubs govern the relationship between the members and the Association, Public (not for Profit) company or Club. The Rules or Constitution of the body generally set the framework of the rights and obligations of the members, the committee (board), how meetings will be called and held, and for the discipline and expulsion of members. These obligations are supplemented by statute and the common law.

We invariably find that most disputes arise as a result of misinterpretation of, and application of, the rules or terms of the constitution. There is also the need to understand and apply (in certain circumstances) rules of procedural fairness. It is also important to understand the application of the provision of the Corporations Legislation, including under Section 1322 of the Corporations Act, which can validate defects or irregularities.

When a dispute cannot be resolved between the parties, the Court orders can be obtained to protect the interests of the club, association or a member in circumstances where there is a substantial injustice has been, or is likely to be, suffered.

At Burke Mangan Lawyers we bring many years of experience and understanding of the relevant laws and Court procedures to protect your interests. We have a proven track record to obtain you the right outcome. We provide advisory and court based services in line with our core services.

Knowledge. Expertise. Support.

Advisory Services

We advise, interpret and draft:

  • Equitable remedies and protections (procedural fairness/natural justice)
  • Contractual interpretation, Disputes and Termination
  • Obligations and processes under Club and Association Rules and Constitution

Court based Services

Support and representation with respect to:

  • Breach of Contract Claims
  • Restraint of Trade
  • School Law Disputes
  • Disputes between members and Associations and Clubs

Core Services

In line with our core value – Law that focuses on you – we provide you with Understanding, Effective Communication and Strategic Support to resolve your matter. Litigation can be costly and emotionally challenging, so we employ alternate dispute resolution tools (settlement conferences, mediation, arbitration and issues conferences) to reach commercially valuable results.

Experience

Burke Mangan Lawyers have recently:

  • Successfully acting for a member being recognised as a member of the committee of an Association.
  • Advising a school corporation on its obligations under its Constitution.

Connect with us today and take the first step towards your peace of mind.

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