Title

Legal duties as part of the governance framework for incorporated associations: A comparative analysis

Date of this Version

1-1-2014

Document Type

Journal Article

Publication Details

Citation only

Weinert, K. (2014). Legal duties as part of the governance framework for incorporated associations: A comparative analysis. Australian Journal of Corporate Law, 29(1), 38- 70.

Access the journal

© Copyright, Lexus Nexis, 2014

ISSN

1037-4124

Abstract

Incorporated associations are founded by, and subsequently operate exclusively on, the collective action of individuals, which is largely voluntary and motivated by altruistic goals. This article will examine through doctrinal analysis the statutory duties and common law obligations of an incorporated association. In examining these specific legal duties, this article will reveal the lack of consistency across Australian jurisdictions, and gaps in how the law regulates the conduct of committee members within an incorporated association. Furthermore, this article will consider whether an officer of an incorporated and unincorporated association is a fiduciary — and, if this is so, whether this status arises out of the category of principal and agent.

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This document has been peer reviewed.