In
April 2012, Jones and Watson were authorised by the committee of the USQ
Netball Club, an...

Question

In
April 2012, Jones and Watson were authorised by the committee of the USQ
Netball Club, an unincorporated association, to sign a lease for five years for
netball court facilities situated in West Street, Toowoomba. The premises were
owned by Toowoomba Sports Centre Ltd and were used by the club after the lease
was executed. The lease was executed in the form:
USQ
Netball Club
Karen
Wright
President
Jane
Waddell
Treasurer
In
July this year, the current Secretary of the USQ Netball Club gave the lessor
notice terminating the lease. Both Karen and Jane are no longer Committee
members or in fact members of the USQ Netball Club, having completed their
studies at USQ.
The
lessor seeks your advice as to the enforceability of the original lease.
	
Document Preview: ASSOCIATIONS 
• Why form associations  
• Types of associations  
CORPORATIONS LAW 
– unincorporated associations 
– incorporated associations 
• problems associated with ‘unincorporated 
MODULE 3 
associations’ 
ASSOCIATIONS 
• means of overcoming these problems 
© Dr James  Mayanja 
2 
ASSOCIATIONS ASSOCIATIONS 
• OVERVIEW 
• Some characteristics of associations:  
– Focus is on organisations formed for altruistic 
– Created by express intention.  There must as a matter of 
purposes eg relief of poverty, advancement of 
history have been a moment when a number of persons 
religion, education, science, the arts, sport etc. 
combined to form the association. 
– Though such associations may, and often do engage in 
– there must be members 
trading activities, the aim is not to make profit for 
– there is usually a constitution (contract) binding the 
members.  They are non-profit organisations. 
members 
•‘Simple material gain supplies only one of many motives propelling 
economic and other activity’ – A Hutchinson, A Clearing in the Forest 
– there will normally be some constitutional arrangement 
at 1312. 
for meetings of members and for the appointment of 
– Association may be incorporated or unincorporated . 
committees and officers 
3 4 
ASSOCIATIONS UNINCORPORATED ASSOCIATIONS 
• Some characteristics of associations:  
• Legal status 
– a person will often be free to join or leave the association 
– Unincorporated association not separate legal 
at will 
– the association will normally continue to exist regardless of 
entity.  As such, it cannot acquire rights or incur 
the changes that may occur in the composition of the 
any legal obligation – Leahy v Attorney-General 
association. 
(NSW XXXXXXXXXXCLR 611. 
– management of an unincorporated association usually 
conducted by committee of members – (the management 
 
committee). 
 On characteristics of associations see generally  
Conservative and Unionist Central Office v Burrell;  
Select Reading 3.1  p...

Robert · Accepted Answer

Issue: 
The issue in question is whether the original lease between the USQ Netball Club and 
Toowoomba Sports Centre Ltd is enforceable? 
Law: 
The law applicable is the general common law rule, the contract act, the Corporations Act 
2001, and the Associations Incorporation Act 1981, Queensland. 
As per the general common law rule, the terms of the contract determine the enforceability of 
the contract. The essential condition of a contract is that the parties to the contract must have 
an intention to create legal relations. Unless otherwise agreed upon, and included as a clause 
in the contract, all commercial agreements are specifically made with an intention to create 
legal relations and to be legally binding on the parties to the contract.  
One of the essential elements of a valid contract is that the parties to the contract must have 
the capacity to contract.  
An unincorporated association has no legal personality under the Corporations Act 2001 or 
under the Associations Incorporation Act 1981 and therefore, does not have contractual 
capacity. Thus a contract with an unincorporated association is void,

In April 2012, Jones and Watson were authorised by the committee of the USQ Netball Club, an unincorporated association, to sign a lease for five years for netball court facilities situated in West...

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