Archive for NSW Bar Association

Appointment of silk in NSW: declaratory relief

ASSOCIATIONS AND CLUBS – declaratory relief sought pursuant to s 21 of Federal Court of Australia Act 1976 (Cth) – whether subject matter of declarations sought is justiciable – when Court will intervene in internal affairs of voluntary associations – where association is a company limited by guarantee – where issues do not relate to rules in association’s Constitution but rather the terms of a Senior Counsel Protocol – where no contractual or property rights affected – whether issues involve threat or interference with applicant’s livelihood or reputation.

CORPORATIONS – members’ rights and remedies – oppression – whether conduct of the association’s affairs in connection with applicant’s Senior Counsel application and appointment process was oppressive to, unfairly prejudicial to or unfairly discriminatory against the applicant – Corporations Act 2001 (Cth), ss 232, 233.

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