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

Kim Weinert

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Abstract

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

Cite as:
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.
Original languageEnglish
Pages (from-to)38-70
Number of pages33
JournalAustralian Journal of Corporate Law
Volume29
Issue number1
Publication statusPublished - 2014

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corporate law
common law
collective behavior
jurisdiction
obligation
governance
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Legal duties as part of the governance framework for incorporated associations : A comparative analysis. / Weinert, Kim.

In: Australian Journal of Corporate Law, Vol. 29, No. 1, 2014, p. 38-70.

Research output: Contribution to journalArticleResearchpeer-review

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AB - Incorporated associations are founded by, and subsequently operateexclusively on, the collective action of individuals, which is largely voluntaryand motivated by altruistic goals. This article will examine through doctrinalanalysis the statutory duties and common law obligations of an incorporatedassociation. In examining these specific legal duties, this article will revealthe lack of consistency across Australian jurisdictions, and gaps in how thelaw regulates the conduct of committee members within an incorporatedassociation. Furthermore, this article will consider whether an officer of anincorporated and unincorporated association is a fiduciary — and, if this is so, whether this status arises out of the category of principal and agent.Cite as: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.

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