Victoria v Sutton

[1998] HCA 56
Judgment date
Case number
M5/1997
Before
Gaudron, McHugh, Gummow, Kirby, Hayne JJ
Catchwords

Property – Vesting of property of unincorporated association in Custodian – Inability of association to dispose of property vested in Custodian.

Property – Disposition – Prohibition on disposition without prior written consent of Custodian – Disposition in breach of prohibition "void, at the option of the Custodian" – Whether disposition in breach of prohibition void or voidable.

Property – Option to avoid disposition – Manner of exercising option – Period of time in which option to be exercised – Method of communicating exercise of option.

Industrial law (Cth) – Registered organisation – Cancellation of registration – Effect upon property of organisation.

Words and Phrases – "void" – "option" – "election".

Builders Labourers' Federation (Cancellation of Registration) Act 1986 (Cth).

Builders Labourers' Federation (Cancellation of Registration Consequential Provisions) Act 1986 (Cth).

BLF (De-recognition) Act 1985 (Vic).

Workplace Relations Act 1996 (Cth), s 347.

Workplace Relations and Other Legislation Amendment Act 1996 (Cth), Sched 16.