Unincorporated Associations

Question 1

Lehe v Attorney General for New South Wales

Answer 1

Gift was void as non-charitable purpose trust. View of trust as outright gift to existing members failed, wasn’t viable to give house in Australian outback to order of nuns spread across the world.

Question 2

Neville Estates v Madden

Answer 2

Gift to the existing members subject to their contractual rights which bind them inter se.

Question 3

Re Recher

Answer 3

Applied solution from Neville Estates, gift was an incretion to the funds of the society, and those funds were governed by contract.

Question 4

Re Grant’s Will Trust

Answer 4

Gift to local labour party void for perpetuity. Couldn’t change constitution without consent of national labour party, which could not be wound up.

Question 5

Re Lipinski’s Will Trust

Answer 5

Property left to association for purpose was enforced using Re Denley.

Question 6

Re Gillingham Bus Disaster Fund

Answer 6

Resulting trust occurred, leftover funds should be returned to contributors.

Question 7

Re West Sussex

Answer 7

Members were not entitled to remaining funds, they had paid for what they had bargained for, there was a contract not a trust.

Question 8

Re Bucks

Answer 8

Contract holding analysis applied to surplus, upon winding up members were to receive portion of surplus.