Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

We are an incorp assoc, a member (vice president) threatened…

Customer Question
We are an incorp...

We are an incorp assoc, a member (vice president) threatened violence on another member (sending family members to beat him up). The member is lofdging a formal complaint with the police. The vice president also accused other committee members on social media of misusing funds. The committee members are considering defamation suits. These allegations are also hurting the reputation of the assoc with potential new members. The assoc committee wants to terminate the vice president’s membership as soon as possible. Does it require to give a warning to the member or is instant termination with a month for the member to show why they shouldnt be terminated lawful?

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Qld

Lawyer's Assistant: What steps have you taken so far?

The committee held an urgent discussion where the complaint of a threat was highlighted with evidence produced. The committee agreed that the threat was serious to the other member and the behaviour not to be condoned. We are preparing a letter notifying the vp of terminating their membership

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Cost?

Submitted: 2 months ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Customer reply replied 2 months ago
The vice president lives in Melbourne. The assoc is registered in Qld and awaiting an ARBN to operate outside Qld. Can the member from Melbourne’s membership be invalid if she resides outside Qld?
Customer reply replied 2 months ago
This is a newly formed assoc only formed in march where the president secretary and treasurer reside in Qld with 25 other members. The vice president held a meeting in Melbourne without consent by the committee to form a branch which is illegal but has used that to try to officialise her position as ‘president’ as reported by the posts on facebook.
Answered in 3 hours by:
4/1/2018
Solicitor: Leon, Solicitor replied 2 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,572
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

You have to look at the constitution of the Association.

It will tell you when and how you can cancel a parties membership.

I do not think you can have a meeting without notifying all members in writing and giving them notice. The meeting held without notice would be invalid.

But again as I said earlier the constitution of the association is your rule book and if you do not comply with that then what ever is done is invalid.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 2 months ago
Leon,
Im disappointed that you are answering a query that i was told was going to be answered by a Qld solicitor because they would be familiar with the Qld Model Rules. Your dorothy dix answer did not answer my question that can help us progress matters.
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

The laws are the same in all states when it comes to these matters.

I am familiar with them but in addition to those most associations also have their own rules.

Rule 10 (3) (4) & (5) set out when a member can be removed

Here is what they say

(3) The management committee may terminate a members membership if the member—

(a) is convicted of an indictable offence; or

(b) does not comply with any of the provisions of these rules; or

(c) has membership fees in arrears for at least 2 months; or

(d) conducts himself or herself in a way considered to be injurious or prejudicial to the character or interests of the association.

(4) Before the management committee terminates a members membership, the committee must give the member a full and fair opportunity to show why the membership should not be terminated.

V6

(5) If, after considering all representations made by the member, the management committee decides to terminate the membership,

the secretary of the committee must give the member a written notice of the decision.

You can download them from the following link

https://www.qld.gov.au/law/laws-regulated-industries-and-accountability/queensland-laws-and-regulations/associations-charities-and-non-for-profits/incorporated-associations/running-an-incorporated-association/rules-for-associations

To remove a member of the committee look at clause 20

20 Resignation, removal or vacation of office of management committee member

(1) A member of the management committee may resign from the committee by giving written notice of resignation to the secretary.

(2) The resignation takes effect at—

(a) the time the notice is received by the secretary; or

(b) if a later time is stated in the notice—the later time.

V6

(3) A member may be removed from office at a general meeting of the association if a majority of the members present and eligible to vote at the meeting vote in favour of removing the member.

(4) Before a vote of members is taken about removing the member from office, the member must be given a full and fair opportunity to show cause why he or she should not be removed from office.

(5) A member has no right of appeal against the members removal from office under this rule.

(6) A member immediately vacates the office of member in the circumstances mentioned in section 64(2) of the Act.

Subsection 3 & 4 is what has to happen,

But generally most associations have stricter rules which they have as part of their constitution.

If you do not then you are locked in with these.

There is nothing in the rules that preclude a member from living in another state.

If you have allowed them to be a member then only the above rules can be used to remove them.

As they are a member of the committee, rule 20 has to be followed and once removed they cannot appeal.

You have to follow the rule and give notice and also you have to have a meeting to remove them as vice president.

If they have not followed the rules of holding a meeting they have to follow the rules and give the right notice etc.

I hope this is clearer and is of assistance.

But as I said the rules are all similar in all states.

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 2 months ago

Good Morning

One further thing. If they have breached the rules relating to the calling of meetings etc you have to commence an action with QCAT to have the meeting declared invalid and any resolution passed in Melbourne set aside.

Because it is registered in QLD it is QCAT that as jurisdiction to deal with it.

I hope this assists further.

Regards

Leon

Ask Your Own Australia Law Question
Solicitor: Leon, Solicitor replied 1 month ago

Good Morning

I am following up my last post

If you still need assistance please let me know and I will provide you with further information.

I look forward to hearing from you

Regards

Leon

Ask Your Own Australia Law Question
Was this answer helpful?
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,572
46,572 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

46,572 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,833 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
I bought an car from interstate "western australia" im from
Hello i bought an car from interstate "western australia" im from south australia adelaide so for me to beable to regsteir it here i had to get an id check when i had taken my car to the id station th… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
We are a tech startup which has basically an online
Thank you, ***** ***** a tech startup which has basically an online directory. To launch we are looking at doing what Google and others have done with business listings, in adding businesses and allow… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I'm a descendant of Godwinson how do I challenge the current
I'm a descendant of King Harold Godwinson how do I challenge the current Royal family line of succession. … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
We have bought Professional Indemnity Insurance through a
We have bought Professional Indemnity Insurance through a broker. Do we have to pay in full the broker fee they charge or can we pay only some of it. Ann … read more
Leon
Leon
Solicitor
46,572 satisfied customers
I loaned a so called friend $3000 over 3 years ago with the
I loaned a so called friend $3000 over 3 years ago with the promise of repayment within 6 months. Repeated emails. phone calls and a home visit have brought no response. My last email indicated I woul… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
If my car runs into my home and does structural damage am I
If my car runs into my home and does structural damage am I correct in thinking the comprehensive insurance policy of my car will deal with both damages to the car and the house. Also I have been info… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I was scammed on 1/6/June 2018 where I unwittingly gave them
I was scammed on 1/6/June 2018 where I unwittingly gave them my account details. I phone the bank as soon as I realized what I had done. They have asked me to do an Acorn report, which this is part of… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
How often does the empolyer have too put salary sacrifice in
How often does the empolyer have too put salary sacrifice in too there super fund ? over the last 8 months i have put a lot in but there has been little put in . … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I was sexually abused by my cousin when i was 4 by my 16year
I was sexually abused by my cousin when i was 4 by my 16year old cousin i wa later raped when i was 21 resulting in obortion i have PTSD due to the events and the phycosis that comes with having paren… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
My car got some oversprsay on it damages around $1000.00. I
My car got some oversprsay on it damages around $1000.00. I tried to call the contractor where we stay overnight he hang up 3 times and say he is not going to pay it. We phoned then the bodycorporayte of the building they said contractor is responssble for it. So its backwards and forwards. Can you please assist me on this. … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
Going through a custody case atm and my ex has now thrown in
Hi going through a custody case atm and my ex has now thrown in paternity. we are waiting for dna to come back as interim orders were adjourned until result comes in. My baby is 2 yrs old and i was a … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
My fiancé and I had a very sever fight a couple months ago,
Hi there. My fiancé and I had a very sever fight a couple months ago, where she assaulted me and I called the police to prevent myself (the Male) from retaliating and hitting her back. Now the police … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I'm looking to grab some advice on a personal training
Hey, I'm looking to grab some advice on a personal training course contract that I have to pay out for but I never actually started it. I still owe $6075 that needs to be paid but it just doesn't seem right that I have to pay for a course that I never actually started although I signed the contract. I set everything up to start the course and just as the course was about to start I realised that the timing of this course wasn't right for me so I didn't want to continue. Is there some way that I can get out of this problem? … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I have had an issue with Go Master card. Yesterday I
Hi Pearl, I have had an issue with Go Master card. Yesterday I received a letter of dishonour. Last month I I set up a new bank account I had drafted a letter to all of my direct debit company's. When… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I had/have an auto credit card payment for a web domain
I had/have an auto credit card payment for a web domain registration. Do they need to notify me each year before payment is made … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I have a legal question. Tasmania. None as yet. It's about
Hi I have a legal question JA: What state/territory are you in? It matters because laws vary by location. Customer: Tasmania JA: What steps have you taken so far? Customer: None as yet. It's about an … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
I can not get final settlement of a house contents insurance
I can not get final settlement of a house contents insurance claim from Coles insurance, they have asked me to phone them and advisedper email they can not assist me untill I do so, I advised in Febua… read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers
Is there a cooling off period when taking out a new contract
Second opinion] Is there a cooling off period when taking out a new contract such as signing up for a mobile plan … read more
John Melis
John Melis
Diploma In Law
3,030 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x