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ARTICLE · 25 NOVEMBER 2023

Receivership – resolving disputes within incorporated associations in NSW

Bartier Perry Solicitors
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How receivers may be appointed over incorporated associations and what they may be required to do by the Court.

AustraliaInsolvency/Bankruptcy/Re-Structuring
Adam Cutri
Adam Cutri
Gilbert Olzomer
Gilbert Olzomer
Elisabeth Krstanovski (Formerly With Bartier Perry)
Elisabeth Krstanovski (Formerly With Bartier Perry)
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In previous articles we have discussed the intricacies of the receivership process, who can appoint receivers and the powers that the receiver has following their appointment. In most cases, the appointment of a receiver is generally over a company however this is not always the case. This article will explore how receivers may be appointed over incorporated associations and what they may be required to do by the Court.

What is an incorporated association?

An incorporated association is a legal entity that is commonly established for recreational, charitable or religious purposes. In New South Wales incorporated associations are governed by the Associations Incorporation Act 2009 (NSW) ('Associations Act') and regulated by New South Wales Fair Trading. The Associations Act provides for the appointment of an external administrator and the winding up of an incorporated association in certain circumstances.

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