Asmar v Albanese and Others
Supreme Court of Victoria
Ginnane J
19/10/2021
[2021] VSC 672
Unincorporated associations — Political party — Governance — National executive taking over administration of state branch — National executive proposing to conduct pre-selection of candidates for federal election — Justiciability — Whether jurisdiction to hear allegations of breach of constitution of association — Whether jurisdiction arises from statutory recognition of political parties — Whether jurisdiction arises from plaintiff’s interest in property of association — Interaction of rules of branch and national constitution — Constitution (Cth), s 15 — Commonwealth Electoral Act 1918 (Cth), ss 126, 130, 286A, 296 — Constitution Act 1975 (Vic), s 27A — Electoral Act 2002 (Vic), ss 43, 44, 45, 50, 211, 212
Trusts and trustees — Property of unincorporated association held on trust — Standing of members of association to bring proceedings alleging breach of trust — Whether interference in affairs of trust
Practice and procedure — Representative order — Whether need for a common grievance — Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 18.2, 18.4
Read the judgment here.